First Lawsuit Filed over Deaths in July 4 Cabin Cruiser Sinking

 The first wrongful death lawsuit has been filed over the capsizing of a cabin cruiser last year in the Oyster Bay section of Long Island Sound, about 35 miles east of New York City, that killed three children. On July 4, 2012, the Kandi Won, a 34-foot Silverton was carrying 17 adults and 10 children who had watched a seaside fireworks display at the nearby Cove Neck home of Cablevision CEO James Dolan.

As a sudden squall hit the area, the powerboat attempted a sharp turn and may have run into a wave or a wake from another craft. The boat became swamped and overturned, dumping its passengers into the Sound, and eventually sank in 60 feet of water. Two dozen passengers were rescued from the water, but three children drowned when they became trapped in the cabin of the capsized craft.

Brought in mid-October in a state court in Riverhead by the father and the brother of Victoria Gaines, a seven-year-old who drowned in the incident, the lawsuit named 10 defendants, including: Kevin Treanor, the owner of the 34-foot cabin cruiser, whose 11-year-old daughter Harlie also drowned; Treanor's brother-in-law Salvatore Aureliano, who was helping operate the craft; Aureliano's brother and sister-in-law, whose 12-year-old nephew was the third victim; the bankrupt company that built the boat plus two related firms; the man who had earlier piloted the craft to the location; and the Cablevision CEO and his wife. https://askcompetentlawyer.com/complex-litigation/The lawsuit asks for more than $50,000 in actual and punitive damages.

A report by the Nassau County district attorney's office identified overloading as the main cause of the mishap, based on an expert's testing; Treanor disputes that. But the district attorney's office, after a year-long investigation, found no alcohol was involved in the accident, and found no other reason to bring charges. The DA's report also noted federal regulations for boating safety do not require capacity limits to be set for boats longer than 20 feet, and called for reforms.

A week before the lawsuit was filed, a lawyer for Treanor went to a federal court in Brooklyn seeking to have any claims that may be filed against Treanor related to the incident handled under admiralty law. That motion could conceivably delay or block the damage lawsuit; it could also limit Treanor's liability to the salvage value of the boat, estimated at $1,500, unless he can be shown to have known of a problem with the craft or have been negligent in some other way. Additional lawsuits may still be filed in the Oyster Bay boating accident by the July 2014 deadline.

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Boating accidents can raise specialized questions of fact and law a seasoned attorney can help you address. If you or a family member has been injured by the careless conduct of someone else, get the assistance you need. Contact a skilled, experienced New York accident attorney for a free consultation.