California Injury Lawyers Blog

Two more claims have been filed against the city of Huntington Beach over a catastrophic boating accident under the Gilbert Drive Bridge that killed two boaters and injured a third on June 27. Shawn Wilson and Caleb Steele died after their inflatable boat hit one of the bridge's beams. The third boater, James Geekie, sustained serious head injuries.

In November, Wilson's wife Deanna filed an Orange County, California wrongful death lawsuit against Huntington Beach, the county, and the state of California. Deanna's previous claims seeking $5 million in damages for herself and another $5 million for her 3-year-old daughter with Wilson were denied.

Last week, Steele's parents, Patricia and Scott Steele, filed separate wrongful death claims against Huntington Beach. Like Deanna Wilson, the two of them claim dangerous bridge conditions, including poor lighting and failure to warn boaters of how the tides can impact navigability, caused the wrongful death.

It was high tide when Wilson struck the bridge beam. If the men had known to duck, they would have avoided striking the bridge beam.

On Tuesday, the only boater to survive the Huntington Beach boating crash, James Geekie, filed his Orange County, California personal injury claim against the city. Geekie, who sustained brain injuries, a concussion, and fractured his skull, also contends that poor conditions on the bridge contributed to his California boating accident injuries.

Orange County, California Premises Liability
An Orange County, California city can be held liable for premises liability if there was a hazard on the public property that should have been remedied but instead was not repaired or removed and caused injury or death. Public and private property owners or those in possession of the premise owe a duty of care to keep a property safe so that visitors, patrons, and others do not get hurt.

Another claim over deadly boat crash, OC Register, December 23, 2009

Relatives ask for $2 million in bridge death, OC Register, December 23, 2009

Widow Sues Huntington Beach, Orange County, and State of California for Wrongful Death Following Husband's Deadly Boating Accident, California Injury Lawyers Blog, November 10, 2009

The family of Alyssa Squirrell, the 11-year-old jr. lifeguard who died when she was struck by a boat during a training exercise in the ocean, has filed an Orange County, California wrongful death claim against the city of Huntington Beach. The complaint, filed on November 12, accuses lifeguard Lt. Greg Crow of negligent boat operation. The city of Huntington Beach runs the Jr. Lifeguard program.

Alyssa, a Laguna Hills resident, sustained leg and hip cuts when the boat struck her. She was in the water waiting to join her training group when the boat operator turned the boat around, causing the propeller to strike her. Alyssa was pronounced dead after surgery.

Following an investigation into the tragic accident, Orange County, California prosecutors have decided not to file criminal charges against Crow.

California Boating Accidents
Most boating accidents are caused by operator inattention or inexperience. Drunk driving while operating a vessel has also caused unnecessary boating injuries and deaths.

Boat operators owe a duty of care to operate their vessels safely. Failure to fulfill this duty of care can lead to criminal charges, as well as to California personal injury or wrongful death claims if other people are injured as a result of boat operator negligence even if the boat operator never intended to harm the victims. Many California boating accidents are preventable.

Family files claim in junior lifeguard death, OC Register, November 19, 2009

No charges in junior lifeguard death, ABC 7, November 10, 2009

Related Web Resources:
2007 California Boating Safety Report (PDF)

Huntington Beach Junior Lifeguards

Continue reading "Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training" »

The widow of a man who died after driving his boat into a beam of a Huntington Harbour Bridge is suing Huntington Beach, Orange County, and the state of California for his wrongful death. Shawn Wilson, 37, died on June 27. He leaves behind his wife Deanna, her 3-year-old son, and her baby daughter who was born a few weeks before the tragic boating accident.

According to her Orange County, California wrongful death complaint, the bridge, which was allegedly negligently, improperly, and recklessly designed, made, and maintained, should have had better signage and lighting over it. The lawsuit contends that other people had complained that the bridge was dangerous and at least one similar boating accident had happened in the area prior to Wilson's death.

Wilson died after his inflatable boat struck a beam on the Gilbert Drive Bridge. The accident occurred around 12:45am. One of his passengers, Caleb Steele, also died in the Huntington Beach boating accident. Another boating passenger, James Geekie, was knocked back and fell unconscious. He sustained serious head injuries but managed to swim back to shore.

Because the water was at high tide, the boaters should have ducked to avoid hitting the beam. Deanna Wilson's Huntington Beach wrongful death complaint contends that her husband was operating the boat in a careful, lawful, and reasonable manner. This is contrary to witness reports that her husband was speeding. Toxicology reports indicate he was operating the boat while drunk.

Examples of California Boating Accidents that can lead to Personal Injury or Wrongful Death claims if another party was negligent:

• Falls overboard
• Slip and fall accidents on boat
• Boat fires
• Drowning accidents
• Boating collision with another vessel
• Boat crashing into the harbor or dock
• Water-skiing accident
• Jet ski accident
• Boat capsizing
• Boat explosion
• Boat crashing into a fixed or submerge object
• Running over a swimmer in the water with a boat
• Striking someone with the boat's propeller
• Boat capsizing
• Flooding on boat

Related Web Resources:
Widow sues city, others over fatal bridge crash, Orange County Register, November 9, 2009

Two killed in Huntington Harbour boating accident, Los Angeles Times, June 27, 2009

Related Web Resources:
US Coast Guard Boating Accident Statistics 2008

Huntington Beach, California

Orange County, California

Three people were injured at Crystal Cove off of Newport Beach on Sunday when a powerboat crashed into a reef. The vessel almost sank from the hull damage.

The Orange County, California boating accident involving the Anna Jane occurred a couple of hundred yards from shore in Split Rock, an area of Crystal Cove. The three people who were injured sustained bruises and cuts.

The powerboat sustained serious property damage, but officials were able to pump the water out fast enough so that the vessel could be taken to a shipyard. Investigators are looking into the cause of the Newport Beach boating accident.

The US Coast Guard recently issued its 2008 Boating Statistics, including:
• There were 4,789 boating accidents last year.
• 709 people died. Drowning was a factor in more than 2/3rds of deaths.
• 3,331 others were injured.
• The vessels involved in the recreational boating accidents sustained $54 million in property damage.
• 90% of boating fatalities involved operators that did not receive boating safety instruction.
• 5 leading contributing factors to boating accidents: operator inattention, operator inexperience, careless operation, skier/passenger behavior, and failure to keep a proper lookout.
• Alcohol was the number one contributing factor in deadly boating accidents.
• Motorboats, personal watercraft, and cabin motorboats are the vessels most commonly involved in boating accidents.

Common kinds of boating accidents:
• Capsizing
• Collisions with other vessels or floating/fixed objects
• Electrocution
• Ejection from vessel
• Fall accidents in vessel
• Falls overboard
• Fires
• Explosions
• Flooding
• Sinking
• Grounding
• Skier accidents

While the shores off of Orange County, California are an ideal place to swim and boat, accidents do happen--especially during the busy summer months. If you or someone you love was injured in a recreational boating accident in Newport Beach, Huntington Beach, Laguna Beach, or another beach area in Orange County, California, you or your loved one may have grounds for filing a personal injury lawsuit.

3 injured after boat hits reef at Crystal Cove, OC Register, August 17, 2009

2008 Boating Statistics, US Coast Guard (PDF)

Related Web Resources:
Crystal Cove State Beach, Beach California

Boating Accidents, Justia

Continue reading "Newport Beach Boating Accident Injures Three at Crystal Cove" »

A tragic Orange County, California boating accident occurred in Huntington Beach yesterday when an 11-year-old junior lifeguard was killed after being struck by a lifeguard boat. Huntington Beach Marine Safety Lt. Greg Crow was driving the boat.

According to the Orange County Sheriff's Office, Laguna Beach resident Allyssa Squirrel was swimming in the ocean and taking part in an exercise that required the junior lifeguards to swim 100 feet from the shore. The lifeguards were then supposed to jump into a marine safety boat before going back into the water and gathering as a group before being picked up by a vessel.

Squirrell and another girl had not yet arrived at the group when the boat began circling to pick up lifeguards. This is when the propeller of the boat that Crow was operating struck the Laguna Beach resident. Squirrell, who sustained deep cuts to her hip and leg, died during surgery.

Crow is now on leave from his department. He has worked with the Huntington Beach Lifeguard Program for years and is licensed with the US Coast Guard. Following the tragic boating accident, Crow took a toxicology test. There were no drugs or alcohol discovered in his system. Crow is a 32-year veteran marine safety officer. Two other instructors were also present when Squirrell was hit by the boat. One instructor was in the boat with Crowe, while the other was in the water.

If you or someone you love was injured in a Huntington Beach boating accident, you may have grounds for filing a boating accident lawsuit against the negligent party. Boating operators are supposed to make sure that they do not injure swimmers or anyone that may have accidentally fallen into the water.

According to the US Coast Guard, common causes of Southern California boating accidents include:
• Operator inattention
• Skier/passenger behaviors
• Speeding
• Reckless/careless operation
• Alcohol use
• Failure to conduct a proper lookout
• Machinery failure
• Operator inexperience
• Poor weather
• Machinery failure

In 2007, the leading causes of boating accident deaths included:
• Drowning
• Hypothermia
• Trauma
• Carbon monoxide poisoning

There may be more than one party that can be held liable for your Orange County, California boating accident injury. For example, if you were injured in a Huntington Beach boating accident because a professional boat operator was careless, you also may be able to hold the company that runs the boating company liable for your personal injuries.

Community Mourns Death of 11 Year Old Girl Hit by Boat, KTLA, July 15, 2009

Boat driver who hit junior lifeguard is safety veteran, OC Register, July 15, 2009

Related Web Resources:
Huntington Beach Jr. Lifeguards

2007 Boating Accident Statistics, US Coast Guard (PDF)

Continue reading "11-Year-Old Orange County, California Junior Life Guard Dies in Huntington Beach Boating Accident " »