in Recreational Boating Accidents
Youth, and Alcohol contribute to many
recreational boating accidents. The most
common types of recreational boating injuries
Collisions between anchored
pleasure boats and commercial vessels
Collisions (actually "allisions")
between a moving pleasure boat and a
stationary object at night
Secondary impact between
passenger and interior of boat, particularly
during high speed operation.
Falls during boarding
Some cases we have handled:
- Death caused by heart
attack when a commercial tug and barge
nearly struck a motorboat fishing along
the side of the Intracoastal Waterway.
- Death and injury to recreational
fisherman whose boat was struck by a
barge being towed by commercial tug.
- Death and injury to boaters
whose motorboat ran into an unlit barge
- Paraplegia caused to
a passenger who fell down in a high
speed motorboat during a demonstration
- Carbon Monoxide poisoning
to family on cabin cruiser who slept
overnight with generator running.
- Representation of a family of eight injured when their boat ran into the side of a poorly lit work barge at night.
- Representation of a commercial crab fisherman when his boat ran into a submerged dredge pipeline.
- Representation of two police officers whose boat ran into an unlit and abandoned bridge piling at night.
- Representation of boat owner whose boat exploded due to a gasoline leak caused by a faulty fuel tank gage.
and Ship Damage
and Marina Fires
have handled many yacht and ship fire
claims, both on behalf of vessel owners
and the subrogated insurers, from
the total loss of a $3 million mega
yacht to marina fires involving destruction
of dozens of small powerboats. Whether
the loss it due to an electric al
malfunction, the exhaust system, careless
handling of inflammables, arson, or
careless shipyard workers, our firm
can assist you in pursuing your claim
against the responsible parties.
Shipyard/Marina Damage to Vessels
have handled numerous cases involving
the dropping or crushing of yachts
while being handled by cranes, lifts,
drydocks, marine railways or other
shipyards and engine suppliers refuse
to stand behind their work. We can
help you recover under their warranties,
or under unwritten or "implied"
damage cases can be remarkably difficult.
The "compulsory pilot" defense,
arguments concerning the cost of repair
and allegations of "new for old"
frequently cause problems in cases
which one would expect to be fairly
YACHT, AND MARINA FIRES
Our firm has
expertise in handling boat, yacht, and
marina fire cases.
Some that we have handled
- Engine room fire
aboard casino gambling ferry resulting
in total destruction of boat in Tarpon
- Fire aboard charter
fishing boat due to contact between
exhaust riser and wood interior of boat
in Destin, Florida.
- Salvage claim
of tugboats which assisted in extinguishing
cruise ship fire in Port Canaveral,
- Fire in dry stack
boat storage facility contributed to
by defective sprinkler heads in Pensacola,
- Fire in Clabboard
Creek Marina due to explosion during
fueling in Jacksonville, Florida.
- Products liability
claim against major boat manufacturer
for inadequate insulation between exhaust
riser and boat (3 major yacht fires).
- Marina fire in
Palm Beach resulting in destruction
of sport fishing yacht.
- Marina fire in
St. Petersburg resulting in destruction
of three motor yachts.
- Engine fire to
motor yacht at Fishers Island, Miami
due to engine repairs.
- Shipyard explosion
of paint fumes in compartment with a
defective fan destroys motor yacht while
on marine railway in Palatka, Florida.
- Motor yacht burns
when shaft bearing is improperly installed
in Fort Lauderdale, Florida.
Rod Sullivan was a licensed
pilot in Apra Harbor, Guam and comes from
a family of New York Harbor Pilots going
back for over 130 years. He represents
pilots before the Florida Department of
Ocean Cargo and
Inland Marine Damage
The firm has extensive
experience pursuing cargo subrogation
claims. We are experts in the application
of the Carriage of Goods by Sea Act, the
Hague-Visby Rules, and the Harter Act.
We have been involved in major losses
involving food products, steel, electronics
thefts, and all types of marine cargo.
Some published opinions in cases in which
we acted as counsel can be found in American
Maritime Cases (abbreviated "AMC"):
I.N.A. v. M/V Frio Brazil,
1990 AMC 250 (M.D. Fla. 1989)
Tai-Pan, Inc. v. Keith Marine, 1997
AMC 2447 (M.D. Fla. 1997)
Garan, Inc. v. M/V Aivik, 1995 AMC 2657
(S.D. Fla. 1995)
I.N.A. v. Empresa Lineas, 1991 AMC 1057
(M.D. Fla. 1991)
Sumitomo Corporation of America v. M/V
Saint Venture, 683 F.Supp 1361 (M.D.
In the past five years,
thefts of cargo from trucks in South Florida
has risen to epidemic proportions. The
most frequent type of loss is known as
"container leakage" where only
1/3 to 1/2 of a shipment is stolen from
a sealed container.
When this occurs, many consignees
assume that the container was "short-shipped"
and they lose valuable time contacting
the shipper to find out what happened
to the remainder of their cargo. Our recommendation
is that consignees treat every shortage
from a sealed container as a cargo theft
in transit. Seal integrity is no guarantee
that a shipment has not been tampered
shipments of steel are damaged due to
contact with salt or fresh water, it is
important that evidence be collected for
subrogation purposes before the vessel
leaves port. Surveyors are frequently
distracted by the immediate problem, which
is assessing the amount of the loss and
segregating sound product from damaged
product. However, don't allow the urgent
to crowd out the important. Get evidence
of all causes of seawater entry into the
vessel before the vessel leaves port.
Sullivan & Company
G.J. Sullivan, Jr. P.A.
8777 San Jose Blvd, Suite 803
Jacksonville, FL 32217