As reported in the Daily Business Review on January 25, 2016, Nicaragua's police, army and navy will investigate the captain of a tourist boat and his assistant for the deaths of 13 Costa Rican passengers killed on January 23rd when the vessel capsized in bad weather. The Reina del Caribe, Spanish for "Caribbean Queen," was carrying 33 people when it went down Saturday amid rain and strong winds as it ferried between the Corn Islands, a popular tourist destination, off Nicaragua's Caribbean coast. The Daily Business Review article can be accessed here=> Daily Business Review article.
The government clarified on the 24th that the boat was carrying 25 Costa Ricans, two Americans, two British citizens, a Brazilian and three Nicaraguans. Previous reports had said there were 32 people on board, including four Americans. All the dead were Costa Ricans.
Nicaragua's naval commander for the southern Caribbean region said the boat's captain was detained because the vessel was not supposed to be sailing during the inclement weather that had been clobbering the region for several days. However, the captain's son has reportedly stated that the Nicaraguan Naval Force did not issue a warning to Corn Islands mariners on the day that Reina del Caribe capsized off the Caribbean coast.
The Costa Rica Star reports that statements made by the Nicaraguan Naval Force to the press on this tragedy do not indicate the issuance of any warnings. The captain's son explained that Naval Force vessels patrol the Corn Islands, and officers go ashore on Great Corn Island to issue warnings and to enforce orders to not get underway during bad weather and rough seas; but such is the not case in Little Corn Island, where mariners are reportedly on their own when it comes to marine forecasts. Nevertheless, the authorities are stating that the captain and his assistant will be "processed" for crimes of "imprudent homicide" and exposing persons to dangers.
This is a tragedy that appears could have prevented--the ultimate question is who had the information and failed to act on it to prevent it. If you are interested in contacting me, you may do so by writing to me at blog@miamimaritimelaw.co.
South Florida Lawsuit Filed in El Faro Sinking
The first South Florida lawsuit against the owner of EL FARO, the cargo ship that sunk in Hurricane Joaquin last month, was filed on October 28, 2015 in Broward County Circuit Court. This latest lawsuit claims EL FARO's engine failure and loss of power on October 1st followed many years of lax maintenance. The lawsuit also claims EL FARO was not seaworthy in that the ship was undergoing "significant maintenance" just before it left port September 29th and had a history of losing power.
The lawsuit was brought by the widow of Anthony Thomas who seeks damages for herself and for the couple's five children, ages 8 to 29. The lawsuit states the Fort Lauderdale court has jurisdiction because Tote Maritime's registered agent is in Plantation.
This lawsuit is the fourth complaint brought against ship owner Tote Maritime since the deaths of EL FARO's 33 crew members. This latest lawsuit comes just as the Jacksonville-based company seeks to prevent future lawsuits and limit the damages victims' families can collect by virtue of their filing of a limitation of liability lawsuit.
In the limitation of liability lawsuit filed by the shipowner, Tote Maritime claimed it should not be required to pay more than about $15.2 million in total damages for losses related to the shipwreck found near Crooked Island in the Bahamas. The company claims its liability is limited under the limitation of liability act to a death claims fund of $420 per gross registered ton, or $13.2 million, with another $2 million for the freight aboard the ship. The company also asked U.S. District Judge Brian J. Davis to issue an injunction against the prosecution of future lawsuits.
The Broward County lawsuit was removed to federal court and has been assigned to U.S. District Judge William J. Zloch. However, because there are two similar lawsuits filed in Jacksonville, one in federal court and one in Duval Circuit Court and because wrongful death claims cannot proceed until the limitation court has resolved the limitation action, it is likely that Tote Maritime will move to consolidate all the actions in Jacksonville.
According to this latest complaint, the U.S. Coast Guard documented 23 deficiencies with EL FARO Faro since 2003. The 40-year-old ship also allegedly lost power and propulsion during a 2011 voyage due to faulty equipment.
If you are interested in receiving a copy of the latest lawsuit or in contacting me, you may do so by writing to me at blog@miamimaritimelaw.co.