The family of a surviving victim of the tragic sailing incident in Biscayne Bay is now suing the sailing camp and the company that owns the barge that crashed into the sailboat, killing three young girls.
Judd Rosen, who represents the family of a 9-year-old girl who survived the July 28 ordeal, said the lawsuit that was filed on Friday aims to answer more questions and to prevent similar tragedies in the future.
“We have the most beautiful waters in the world here; we also have the most dangerous for boating,” Rosen said. “Something has to change.”
The lawsuit claims Waterfront Construction Inc., the barge’s owner, along with the Miami Yacht Club and Youth Sailing Foundation, were “careless, reckless and negligent” and failed to take “adequate measures” to avoid the collision.
According to Rosen, the tug boat captain’s visibility was impaired by a crane, and the barge didn’t have enough lookouts to make up for the alleged shortfall.
“Why on earth did they not have a proper lookout and notify them that there’s a huge mast of a sailboat in front of this tug?” Rosen said.
So far, Rosen said it’s been difficult to get the Coast Guard to answer some questions.
“The family has been cooperative with the Coast Guard,” he said. “We’ve asked the Coast to give the names of the captain – no cooperation.”
“U.S. Coast Guard Sector Miami is conducting a thorough marine casualty investigation of this tragic incident. Findings will be made available as soon as possible. The Coast Guard does not comment on pending litigation,” a Coast Guard spokesperson said in a statement Friday.
NBC6 also spoke with Lorenzo J. Palomares, the attorney representing Waterfront Construction, who said the company has been operating for over 30 years without any major incidents until this deadly crash.
Palomares said the tugboat operator is an employee of the company, as well as the mate who was serving as a lookout at the time.
Palomares said they’re working with the Coast Guard on the investigation.
“We have not retained a single fact, we want the truth to come out. There is nothing to hide here,” Palomares told NBC6 Friday. “We are all parents and we grieve this tragedy.”
Rosen believes there’s shared responsibility for the collision, also alleging inadequate safety measures taken by the Youth Sailing Foundation.
“There should’ve been lookouts in front of the sailboats telling them, ‘Hey, look, there’s danger ahead,’ but there was no lookout for this boat,” Rosen said.
NBC6 reached out to the Miami Yacht Club and the Youth Sailing Foundation for comment, but haven’t heard back yet.
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