South Carolina Injury Lawyer Blog

It was just last week when your Mt. Pleasant auto accident lawyers commented on a couple of boat accidents in South Carolina, and between the time that that entry was being thoroughly thought through and written and now, there were two more boat accidents reported across our wonderful State. But, unlike like the last entry concerning boat accidents, the ones discussed today do not feature uplifting accounts of successful rescues, rather they deal with the consequences one could face if deciding to boat under the influence of alcohol (BUI).

The accidents will be discussed in the order that they occurred. Late last Friday, a Batesburg-Leesville couple crashed their boat into a dock on the south shore of Lake Murray, southwest of Dreher Island State Recreation Area. The collision killed both the operator and the passenger of the boat. But, it was determined by authorities, and reported by The State, that both the operator and passenger had drank enough to be well over the limit considered legally impaired when operating a boat (blood-alcohol content (BAC) above 0.08). According to the Lexington County Coroner, preliminary tests show the driver's BAC was at 0.357 and the passenger's at 0.187.

The second incident, unlike the first, happened along South Carolina's coast when the Coast Guard responded to a distress call alerting them that three people had gone overboard and into Charleston Harbor early Sunday morning. Responding rescuers discovered that a 21-foot recreational boat had hit a channel marker in the Harbor and sent its three occupants into the water. Two of the three boaters sustained injuries, including a broken arm and a head injury, and after being pulled from the water were taken to Medical University Hospital. Also on scene was the Charleston County Sheriff's Office and the South Carolina Department of Natural Resources. These agencies conducted interviews and determined the operator was in excess of the legal blood-alcohol level. The operator of the boat was arrested for BUI. Incidentally, the allegedly intoxicated operator did not suffer any injuries as a result of his collision with the channel marker.

As we have seen over the last week South Carolina boating accidents are an unfortunate yet fairly common occurrence, but the operation of watercraft after sunset greatly increases the chances of a potential incident. A United States Coast Guard report states that boat on boat collisions are the largest cause of injury on the water. In case it was unclear, both of the above mentioned accidents occurred in the dark of night.

Continue reading "Before the Ink Dries on the Last Post Concerning South Carolina Boat Accidents, There are Two More to Discuss" »

Living in the Charleston area, your South Carolina workers’ compensation attorneys are no strangers to boats, boating, and all the other various forms of water activity. Also, everyone working at the Howell and Christmas, LLC law firm thoroughly enjoy the seafood that comes from our scenic coast and waterways. But, it often is forgotten that a lot of hard work is done by local fisherman to get that fresh, delicious seafood to our local grocers, restaurants, and ultimately our stomachs.

Fishing is an industry that exemplifies the risk-reward philosophy, fisherman take great risks to reap the monetary rewards of their labors. Case in point, late Monday night, around 10:00 p.m., two fishermen were hurt after their fishing boat struck an object and ran into a bank in the Diversion Canal. The Diversion Canal is located in Berkeley County near Cross, South Carolina.

Fortunately one of the fishermen had his cell phone with him at the time of the boat accident and called 911. The Berkeley County Rescue Squad was able to quickly find the crashed boat and two fishermen, as the fisher on the phone stayed on the line and directed rescuers straight to them.

The driver of the fishing boat suffered head injuries from hitting his head against the windshield of the vessel. Thankfully the injury is not life threatening. The article outlining the incident in Wednesday’s Post and Courier did not specify the extent of the injuries suffered by the other fisherman.

While the boat was taken back to the boat landing, the fishermen were transported to a local hospital by Berkeley County EMS. The South Carolina Department of Natural Resources is looking deeper into the accident.

Continue reading "Recent Boat Accidents in South Carolina and Considerations for Those Involved in Similar Incidents" »

Recently, your South Carolina personal injury lawyers learned of three lawsuits being filed against the Carnival Corporation, owners and operators of the Carnival Cruise Line. Earlier this summer, we posted a blog regarding Carnival Cruise Lines, wherein we discussed a handsome sum that was awarded by a jury to the victim of a slip and fall accident, as well as a serious watercraft accident that killed one jet ski rider and injured another. As was mentioned, there are new suits being filed against the cruise line, all of which deal with injuries relating to falls onboard vessels owned and operated by the Carnival Corporation.

The first incident occurred in August of 2010 aboard the Carnival vessel know as the Dream. According to the lawsuit, the plaintiff suffered a fractured leg that required extensive surgery after a slip and fall from a set of stairs on the deck of the vessel. Allegedly, said stairs served a duel purpose, they were used as means for children and young adults to get to the ship's water slide from the pool as well as allow older passengers to make their way up to the Serenity lounge deck. As one can imagine, those leaving the pool to make their way to the top of the water slide are wet, thus leaving a trail of pool water in their wake as they climb the stairs. According to the lawsuit, it is the trail of water left behind by those wet passengers on the stairs that created the unsafe conditions for the Plaintiff, and ultimately resulted in a "violent" fall down the stairs onto the hard deck surface. The suit seeks damages in excess of $15,000 for the accident.

The second incident happened back in October of 2010 when the Plaintiff slipped and fell in the sauna onboard the vessel Paradise. According to the suit, Carnival failed to properly maintain the sauna in which the Plaintiff fell, as well as not provide any material safety measures such as handrails, warning signs, or skid-proof flooring surfaces. Furthermore, the Plaintiff claims that as a fare-paying passenger, Carnival Cruise Line owed a duty to him to exercise reasonable care by maintaining its ship for his safety, as well as the safety for all the passengers onboard at the time of the slip and fall accident. But, because of the conditions of the sauna, Carnival Cruise Line breached that duty and was negligent. The suit does not mention the specific injuries suffered by the Plaintiff; instead it prefers the overarching term of "serious" and seeks damages in excess of $75,000 (exclusive of interest, cost, and attorney's fees) for those serious injuries.

Continue reading "The Carnival Cruise Line Faces More Lawsuits from Passengers' Slip and Fall Injuries" »

These warm, summer months are a popular time for families and friends to get together and take a relaxing cruise. Your South Carolina boating and water accident attorneys have seen an influx cruise ships in the Charleston Harbor in recent years, as Charleston has become a regular sending off point for cruises heading down to the Caribbean.

While these trips are more often than not thoroughly enjoyable, there was a recent court ruling in favor of a plaintiff who suffered serious injuries after a slip and fall on a pool deck. The trial to determine damages was earlier this month, May 9th, and the Federal Judge entered the final judgement Friday, May 13th. The plaintiff in this case was awarded $2.998 million for the injuries she suffered on the pool side deck of the Carnival Pride.

The slip and fall accident happened back in August of 2009 and was caused by the Carnival Cruise Line, which had installed a resin surface on its ships pool decks. This surface is not ideal for a pool side as it is hard and slippery. According to the lawsuit, the Carnival Corporation knew this surface posed a threat to the Carnival Pride's guests and passengers, as there had been a number of prior accidents on this same type of deck surface, not only on this vessel, but others as well. After discovery into this surface established these facts, the Carnival Corporation admitted liability.

The plaintiff in this case, as a result of the pool side slip and fall, suffered a fractured patella, or better known as the knee cap, and underwent six surgeries to repair the fracture. In the future, the plaintiff will need one, maybe two, total knee replacements.

Continue reading "Charleston Personal Injury Attorneys Discuss Two Incidents Concerning Carnival Cruise Line Passengers" »

Sadly, every year, about 700 Americans die in recreational boating accidents, and a majority of these fatal accidents occur in the summer months. Not surprising, because that's the time most Americans are out on the water.

Now that the weather is warm and the kids are getting out of school, a lot of families in Charleston, Myrtle Beach, Beaufort or anywhere else in South Carolina are hitting the waterways for some summertime fun. But, our Charleston boating accident attorneys want to offer some safety tips in hopes of making this summer a safe one for all boaters and their families.

Everyone who has been around the water or on a boat has heard it before, "Life jackets save lives." Staying afloat, much like wearing a seat belt, is the easiest, most simple way to prevent deaths on the water. According to the United States Coast Guard, 90 percent of drowning victims were not wearing a personal flotation device (PFD). Of the other ten percent of victims, many were not wearing a model of PFD designed to properly keep the head out of the water after the victim lost consciousness.

In terms of the law, having PFDs on your boat is good enough, it isn't required to wear one, just that there is one onboard for each passenger. However, South Carolina law requires all children under 12 years of age to wear a U.S. Coast Guard–approved Type I, II, III, or V PFD while on a boat less than 16 feet long. The life jacket must be fastened and of the proper size for the child.

Continue reading "It's Summer in South Carolina and Charleston Personal Injury Lawyers Want to Offer a Few Quick Safety Tips" »

Charleston injury lawyers want you to know that recently, South Carolina’s waterways have seen a larger law enforcement presence looking for drunk boaters operating their watercrafts in excess of the legal limit. In a major collaborative effort of national, state local law agencies, including the Coast Guard, Department of Natural Resources, and the National Association of Safe Boating Law Administrators, are taking a hard stand against intoxicated boat operators in an effort to reduce the number of individuals drunk on the water, promote safer boating practices, and prevent serious injuries and deaths. The title for the effort is as much oxymoronic as it is serious about attacking alcohol on the water, Operation Dry Water.

Operation Dry Water’s cause does not go unwarranted or without reason, the combination of alcohol and boating is the primary factor in South Carolina boat related accidents fatalities, 1 in 5 of boat related fatalities are a direct result of alcohol-impaired boaters.

Continue reading "South Carolina Boaters Beware—Government Agencies to Crack Down on Drunk Boating in Accident and Injury Prevention Effort" »

A fourth person has died after two seperate boat crashes on Lake Murray near Columbia. The first crash occured between 10 pm and 11pm on Saturday.While everyone enjoys a nice day out on the water, maybe cruising around, doing some fishing or just spending time with friends, South Carolina Wrongful Death Attorneys remind you that it is important to remember the potential hazards that come with operation of watercraft.

The first crash occured while boaters were operating at night and killed two women. The second crash occured approximately 30 minutes later, and involved a collision between a 14- foot fishing boat and a 23- foot craft. The collision killed the 23 year old driver of the fishing boat. A second man on the boat died Monday at Palmetto Health Richland.

While South Carolina boating accidents are common, the operation of watercraft after sunset greatly increases the chances of a potential incident. A United States Coast Guard report states that boat on boat collisions are the largest cause of injury on the water. The Coast Guard advocates the proper use of safety devices and reminds all boaters to never operate a watercraft while under the influence of alcohol.

Sources: The Post and Courier, "Boat crashes claim fourth victim", May 4th, 2010

The United States Coast Guard, Boating Safety Division