Sometimes it is just simple “negligence” that leads to a lawsuit being filed. If one suffers harm because of another’s careless action, or lack of action, then that person or company can be held legally responsible (liable) for the harm done.
Negligence cases are civil cases. Negligence law allows you to sue someone for the harm they caused you either by accident or recklessness. Negligence occurs when someone’s actions or failure to act falls below a reasonable standard of care.
Schrier Law Group knows that a reasonable standard of care is based upon the notion of “what an ‘ordinary’ or ‘reasonable person’ would have done in similar circumstances.”
Diver Dies in Lake Worth Accident
The family of a diver, 37-year-old Mollie Ghiz-Flynn, who passed from her injuries during a dive near the Lake Worth Inlet in March of 2020, filed suit against the charter boat company for said negligence.
Investigators said people on board a 48-foot commercial dive boat “Southern Comfort” was pulling divers from the water about a mile-and-a-half southeast of the Lake Worth Inlet when two divers were pulled under the boat. One diver, Ghiz-Flynn, was hit by a boat propeller. Ghiz-Flynn later died from her injuries.
The lawsuit filed Friday in the U.S. District Court for the Southern District of Florida is accusing the “Southern Comfort” owners, Florida Scuba Charters, of negligence.
Details of the Lawsuit
According to the suit, as the divers were coming up from the first dive of the day and were trying to get back aboard the boat, the boat captain put the boat in reverse, pulling Ghiz-Flynn and her husband, Sean Flynn, under it.
Flynn’s attorney stated that, “this was a SCUBA diving charter that never should have occurred in the first place, and the results were catastrophic. We are filing this case in order to obtain justice for Sean and for Mollie’s family. Mollie’s life was taken far too soon and we seek full accountability for this preventable tragedy.”
At the time of the incident, Palm Beach County had enacted executive orders prohibiting recreational diving and most recreational boating, in an effort to help with social distancing measures and curb the spread of COVID-19.
Additionally, boat ramps and marinas in the county were closed to recreational boats and only allowed to remain open if they serviced commercial vessels, such as fishing. This will be an integral part of the suit.
The Schrier Law Group handles many negligence cases just like this one. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!