Authorities told 7News Miami the operator was a 25-year-old man who lost control of the personal watercraft while his girlfriend and another woman were riding on the rear. He was allegedly traveling at a high rate of speed and traveling in circles (also sometimes referred to as “loops”). A commissioner ascertained the operator lost sight of where he was, which is when he struck the channel marker.

The operator was ejected from the WaveRunner, striking his head on the channel marker. Witnesses nearby pulled him from the water and initiated CPR. He was later pronounced dead at the hospital. His girlfriend was hospitalized with a serious leg injury. The third passenger was treated and released. 

The decedent reportedly owned a barber shop and frequented Picnic Island on the weekends.

Officials are still investigating the crash, and it’s not yet clear whether drugs or alcohol may have played a role. It’s also not known whether the victim rented the WaveRunner or whether he owned it. These distinctions could make a difference in terms of liability.

The Florida Fish & Wildlife Conservation Commission (FWC) reported that in 2015, there were a total of 161 personal watercraft accidents reported statewide. That was out of more than 117,000 registered personal watercraft in the state. There were a total of four deaths and nearly 130 injuries.

Miami-Dade has more personal watercraft accidents than any other county, likely owed to the fact that we have more shoreline and are a more popular vacation destination. Last year, there were a total of 33 personal watercraft accidents reported in Miami-Dade. Although there were no deaths, there were 29 serious injuries.

Broward County, meanwhile, reported four personal watercraft accidents resulting in four injuries, but no deaths.

Monroe County, meanwhile, ranked No. 2 for personal watercraft accidents, with a total of 25 last year. Pinellas County had 24.

Personal watercraft are sometimes referred to by the brand names, which include:

• WaveRunner
• Jet Ski
• Sea Doo
• AquaTrax
• Sealion
• Tigershark

The FWC reports the majority of these crashes occur while these vehicles are either cruising, changing direction or changing speed. The primary types of accident resulting in injury include:

• Collision with vessel;
• Collision with fixed object;
• Fall on personal watercraft;
• Fall overboard.

In many cases, investigators find that operators lack experience and take on operation of the vehicle without adequate instruction or precaution. Experienced personal watercraft operators most frequently run into trouble when they operate the vehicles recklessly, unnecessarily fast or under the influence of alcohol or drugs. Some models of Jet Skis and WaveRunners are capable of very high speeds, and that has proven dangerous on many occasions.

Another possible avenue of liability is to explore the possible defect or malfunction of the machine itself. These type of issues would be pursued as a product liability claim. One of the most common involves injuries from the jet stream propulsion, which is extremely powerful and has been known to cause severe internal injuries to riders who are thrown off the back of the vessels.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

1 killed, 2 injured in personal watercraft accident off Miami, July 31, 2016, By Walter Morris, 7News Miami

More Blog Entries:

State Farm Mut. Auto. Ins. Co. v. Jakubowicz – Auto Insurance Policy Ambiguous, August 2, 2016, Miami Injury Attorney Blog

The payment has settled all state and federal claims against the jail and its employees. Michael DeGraw filed suit over the death of his wife, Jennifer DeGraw, who was found dead in her cell on March 24, 2009.

Pinellas County Sheriff Bob Gualtieri, who was not sheriff at the time of the death, has said that Ms. DeGraw should never have been arrested. When Ms. DeGraw arrived at her husband’s workplace in the midst of an apparent psychotic episode, he called authorities, expecting his wife to be involuntarily hospitalized under Florida’s Baker Act.

However, Ms. DeGraw allegedly kicked a deputy, and she was taken to jail, where she refused food and medicine. She died of a heart attack that resulted from an electrolyte imbalance after spending eight days there.

Gualtieri said that the testimony of a former jail psychiatrist, who admitted that he knew the woman was suffering but took no action, was particularly damaging.

In February, a federal jury decided that former Sheriff Jim Coats was “deliberately indifferent” to DeGraw’s medical condition and recommended an award of $975,000 in damages.

If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

This sting used surveillance video at the scene of the undercover location.  This includes audio and video surveillance of the alleged crime.  This surveillance can help establish a defense in some cases and, in others, make the prosecution case stronger.  There should always be video in criminal case and especially in cases that involve allegations of underage children and sex.  Emotions can run high by the undercover officers involved and they have a built in bias to arrest people.  That can color a person’s memory.  A video removes any bias or memory lapses with instant replay.  This only holds true as long as the surveillance equipment is set up correctly and the proper procedures and protocols for running a child sex sting are followed properly.

Allegedly the suspects brought various items such as candy and condoms which is common in these types of cases.  These are very serious crimes that can result in prison sentences, suspects being labeled as sexual predators or sexual offenders, and subject the men to the Jimmy Ryce Act.

If you have been arrested for a serious felony offense, retain an experienced criminal lawyer that knows how to defend these types of sex crimes.

CALL NOW AND SPEAK TO AN EXPERIENCED SEX CRIMES ATTORNEY

THOMAS C. GRAJEK 863-688-4606

The charges suspects were arrested for included:

Travel or Traveling to Meet a Minor.  These are sometimes called “Dateline – To Catch a Predator” cases.  This crime is a second degree felony punishable by up to 15 years in Florida state prison.  This crime occurs when any person who travels any for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service to:

(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or

(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct.

Obscene Communication – Use of Computer to Solicit Child.  This is a 3^rd degree felony punishable by up to 3 years in Florida State Prison (FSP). This sex crime occurs when any person who knowingly uses a computer online service to:

(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in Florida Criminal Statute 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, wherein an offense described in this section is committed may be charged as a separate offense.

Unlawful use of a two-way communications device.   This is not always a sex crime.  The crime occurs when any person who uses a two-way communications device, including a computer or phone to facilitate or further the commission of any felony offense commits a felony of the third degree (up to 5 years prison), punishable as provided in Florida Criminal Statute 775.082, s. 775.083, or s. 775.084.

There were also arrests for Resisting Arrest and Battery on a Law Enforcement Officer.  Many times these arrests arise when the police take the suspect into custody and attempt to handcuff them.

Due to the nature of the crime and the media attention given to this sex string the prosecutor takes these cases very seriously.  In addition, the arrested person is subject to being classified as a Sexual Predator or a Sexual Offender and is subject to the Jimmy Ryce Act that could result in involuntary civil commitment of a suspect sentenced to a prison sentence.

CALL NOW AND SPEAK TO AN EXPERIENCED POLK COUNTY CRIMINAL DEFENSE SEX CRIMES ATTORNEY WHO HAS HANDLED AND TRIED THESE TYPES OF CASES.

 THOMAS C. GRAJEK 863-688-4606