Article in KW Citizen

[Bobcat]

Will letters chill events?
Sponsors fear safety liability
BY MANDY MILES Citizen Staff
mmiles@keysnews.com

A state law that apparently holds sponsors of water-related events responsible for the safety of spectators and participants could have a chilling effect on Key West events that depend on local businesses for money.

Attorney Michael Allweiss, who is representing the widow of a man who died in the November powerboat races, cited Florida Statute 327.48 in letters he sent to sponsors of the 31st Annual Key West World Championship, including Waste Management, Fury Water Adventures, Sebago Key West, WKWF radio station, Spottswood Cos. and others.

The law states that "... any person or organization sponsoring a regatta or boat race, marine parade tournament or exhibition shall be responsible for providing adequate protection to the participants, spectators and other users of the water."

In his letter to sponsors, Allweiss claims racer Joey Gratton "perished ... because the sponsors failed to provide adequate protection to the participants ..."

He goes on to request insurance coverage and policy information from the sponsors and asks that they forward the letter to their insurance carriers.

"This just represents the legal system's exploitation of every possible avenue," said Scott Saunders, owner of Fury Water Adventures, who criticized Allweiss and all lawyers for such liability concerns. "We just won't have events here anymore if everyone has to be worried about liability and lawsuits. I know I won't sponsor them if I have to be worried about lawsuits, and get my insurance company involved every time."

Saunders, like other sponsors, said he simply wrote a check to the race organizers to have the Fury logo featured on advertisements, posters and other event publications.

"I don't understand how we go from buying advertising to support an event to all of a sudden I'm a sponsor who's responsible for the safety of racers," Saunders said. "I had nothing to do with the race."

Paul McGrail, owner of Sebago Key West, said he forwarded the letter to his insurance company, but was not initially concerned about it last week.

"This guy's just fishing," he said. "How could someone else be responsible? It's a shame the guy lost his life, but now it's everyone else's fault? I mean, it's a dangerous sport."

Key West officials said they have not received the letter, according to City Attorney Shawn Smith, who declined to comment before reviewing the document.

Key West City Commissioner Mark Rossi, whose private business was an event sponsor, also declined to comment until he received the letter.

Bill Spottswood did not return The Citizen's call seeking comment late Tuesday.

Harold Wheeler, director of the Monroe County Tourist Development Council, which funds several water-related events throughout the Keys each year, had not seen the letter Tuesday afternoon, but upon learning of its contents said, "It is possible that this could affect funding for some events."

He emphasized that the TDC and Monroe County require event organizers to carry sufficient liability insurance and to release the county from risk, but those requirements do not pertain to event sponsors.

mmiles@keysnews.com

[Ratickle]

So now it affects every event in all of Florida......

[rschap1]

Sounds pretty scary if it gains any sort of momentum.
If enforced, I do not see how it would not be able to spread throughout every motorsport.
From there, every sport, every type of event or gathering.
Seems like the very definition of slippery slope.

[old377guy]

nah..........I'm just gonna be quiet.......was ready to get up on my soapbox.......something about let's go to Texas, secede from the union, have a no G*D D*mn Weasels allowed statute......nah..I'm just gonna hold my tongue..........

[OneBadInjun]

Michael Allwiess will go down in the annals of Key West Offshore Racing history, as the lawyer that drove the final nail in the coffin, so to speak. And yes, could very possibly diversely affect all the other offshore race events.

[Ratickle]

Not just offshore, every single water event in the state unless they can get the law changed, or it is being represented improperly.

Every one of the businesses mentioned have to be very familiar with the liability side of their operations. There is no way someone who runs charter boats like Sebago and Fury, parasail operations, hotels/motels, cannot know what they have to do to protect their businesses.

[Ratickle]

It's also coming out in other news in Florida....

Lawyer probes event sponsors
Seeks insurance info from powerboat race sponsors, saying state law could make them liable in death
BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com
An attorney for the widow of a powerboat racer killed in last year's contest is looking for event organizers and sponsors he can hold financially responsible for the Sarasota man's death.

http://keysnews.com/node/37116



Attorney Michael Allweiss in late December sent letters to 20 Key West-based businesses and organizations that sponsored the Super Boat International's 31st annual Key West World Champions...

[C35]

no lawyer here, but many laws are written pretty vaguely. That means the courts and juries pretty much get to interpret them. and from what I hear, appeals courts that make decisions solidify those rulings.

so I read it- looks to me like this language;;;

"The law states that "... any person or organization sponsoring a regatta or boat race, marine parade tournament or exhibition shall be responsible for providing adequate protection to the participants, spectators and other users of the water."

To me that's the people organizing and putting on teh race, whether they are an individual or organization. Organization could be a partnership, llc or corp. I don't think how it reads was intended to or does mean that someone that had no involvement or control be held responsible.

Lots of laws aren't written well and thats why we have courts. to sort all that out. I don't see 12 people sitting there and awarding anything from some poor guy whos taco stand bought an ad in their race program.

to me the law holds the people putting on the race responsible.

Now that doesn't mean some insurance company isnt going to pay off this scumbag allwiss to avoid the hassle- or to take a chance on getting 12 idiots on the jury.

But what do I know?

i do know this- the sport has enough against it these days and it really doesn't need some ambulance chaser cashing in on it. tell me when he says he's going to donate his take on this to making the races safer and Ill change my tune.

[C35]

anothe link

http://keysnews.com/node/37117

[fund razor]

Mr. Gratton would be so glad that his death was exploited to the point that it actually killed the entire sport.

[Ratickle]

Entire;

327.48 Regattas, races, marine parades, tournaments, or exhibitions.—Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States. A person directing any such affair in any county shall notify the sheriff of the county or the Fish and Wildlife Conservation Commission at least 15 days prior to any event in order that appropriate arrangements for safety and navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators, and other users of the water.

History.—s. 6, ch. 59-400; s. 10, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 6, ch. 74-327; s. 29, ch. 99-245.

Note.—Former s. 371.55.

[Ratickle]

To me it pretty plainly states "directing" in more than one place, and "person or organization sponsoring". It would be extremely tough to convince anyone that includes those purchasing advertising. There is the one area where places become "sponsors" based on contributions of rooms, money, or other percs in the advertising and brochures though.

[C35]

Mr. fund nailed it

problem is itll never see 12 average citizens. Insurance companys will start tossing over checks to avoid the expense of a trial. The attorney doing this knows that- hes got little to lose. send a fe w letters and cash a few checks. Thief

[Ratickle]

Exclusive
Sole survivor of boat crash speaks out
Racing champ wants stricter safety guidelines


http://www.fox4now.com/news/137145698.html


For years, Page and Gratton have been famous for racing offshore boats. The three time world champs know the dangers of the sport but when it comes to taking the trophy it has always been smooth sailing. But on November 11th that all changed. The two were competing at the Key West World Championship when their boat flipped. Page says he was able o unhitch his safety harness, "I was able to extract myself from the harness and I tried to get Joey out and we just ran out of time.”

When rescue divers arrived, Page was forced to swim to safety. He says divers couldn't even save Gratton, "Response time is everything and in these kind of accidents we don't have much time left and it's important that the divers make it there and they're properly equipped."

[Ratickle]

Lawyer probes event sponsors
Seeks insurance info from powerboat race sponsors,
saying state law could make them liable in death


BY ADAM LINHARDT


An attorney for the widow of a powerboat racer killed in last year’s contest is looking for event organizers and sponsors he can hold financially responsible for the Sarasota man’s death.

Attorney Michael Allweiss in late December sent letters to 20 Key West-based businesses and organizations that sponsored the Super Boat International’s 31st annual Key West World Championships in November, when throttle man Joey Gratton of Sarasota was killed.

The letters ask sponsors — the city of Key West, Spottswood Cos., Rick’s and Durty Harry’s Entertainment Complex, Char*ley Toppino & Sons, Waste Management, Fury Water Adventures, Sebago Watersports and Gary’s Plumbing among them — to provide Allweiss with a copy of their insurance policy, liability coverage limits, any statement of any policy or coverage defense, and the name of each insured.

The letters cite Florida Statute 327.48, part of which states, “Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators and other users of the water.”

The letters state that Gratton died Nov. 11 while competing in the race “because the sponsors failed to provide adequate protection to the participants in violation of Section 327.48.”

Allweiss has not filed a lawsuit and emphasized Tuesday that his letters are not intended to threaten legal action, only to gather information about the sponsors who were most directly involved in organizing the event.

Regarding “peripheral sponsors,” Allweiss said, “Chances are that the Legislature did not intend to bring you in the scope of this statute.” He cited, as an example, a restaurant that held a dinner for racers and crews, but did not participate directly in the planning of the race.

“If you are sponsoring an event and participate in and have direct knowledge of the actual planning and operation of the boat race and actively participated in those aspects, then from a managerial standpoint, by way of rendering advice or assisting in required areas, then I believe you can be held liable under this statute,” Allweiss said.

What that means for sponsors who received letters, even Allweiss said he does not know yet, as he is still in the early stages of gathering and analyzing the requested information.

The larger issue for Allweiss at the moment is the Florida Wrongful Death Act lawsuit he said he is preparing, but has not yet filed, against Super Boat International (SBI), the governing body for the powerboat races in Key West. He said he will allege that SBI, President John Carbonell and the medical directors hired for the event failed to provide adequately trained first-responders and emergency personnel.

Gratton was in the 38-foot Page Motorsports Superboat 850-class Skater catamaran that rolled twice on the final lap of the 6.1-mile course. Allweiss claims Gratton drowned and could have been rescued.

“He didn’t die doing what he loved,” Allweiss said, referring to a common refrain he said he has heard regarding Gratton’s death. “He died while drowning.”

Allweiss said he had hoped to avoid a lawsuit against SBI and Carbonell, but as of Tuesday, litigation seemed unavoidable.

“I had intended to file a few weeks ago, but then approached counsel for SBI and their insurance provider asking if we could hold off and work together in investigating this case,” Allweiss said. “Unfortunately, it seems to be a one-way street, and at this point the only way to get information is to move forward by initiating litigation.”

An attorney for SBI, William Milliken of Miami, said he was investigating Allweiss’ claims.

“It’s an ongoing investigation, and that’s all I can say,” Milliken said Tuesday.

Aside from being a lawyer, Allweiss is a former chairman of the American Power Boat Association (APBA), a rival boat racing group that previously organized races in Key West similar to SBI’s annual contest. Allweiss and Carbonell have had a decades-long feud over Key West powerboat races and the sanctioning body for the world championships.

The rivalry came to a head in 2003, when the APBA, of which Allweiss was then chairman, moved its world championships from Key West to Alabama amid Allweiss’ disputes with the late Lee Mills, a local race promoter who wanted to establish his own event.

Carbonell’s SBI races took place that year without official APBA sanctions.

Allweiss said he hopes the matter will be sufficiently settled through a lawsuit against SBI, making his letters to event sponsors moot.

“I would hope that we don’t have to bring litigation against anybody,” Allweiss said. “I truly hope that. I don’t think boat racing in Key West should be threatened, but I do think there should never be another boat race held that was as dangerous as this last one.”

Gratton was the third man to die in the race last year. Robert “Bob” Morgan, 74, of Sunrise Beach, Mo., and Jeffrey “JT” Tillman, 47, of Kaiser, Mo., were killed when their 46-foot catamaran, Big Thunder, caught air and flipped over on its third lap. It was approaching the third turn when it jumped a wave, reports say.

Eight people now have died in the Key West powerboat races in the past 27 years.

alinhardt@keysnews.com

[C35]

[QUOTE=Ratickle;577853]Exclusive
Sole survivor of boat crash speaks out
Racing champ wants stricter safety guidelines

thats about enough to piss someone off. he wants the racing organization to tell him to carry something in his boat to cut seatbelts? those little shielded safety cutters with razors inside to cut belts have been for sale for years. why didn't he have one if he knew about them?

i know its not for sure yet but pretty much didn't the driver drown? i remember in the past these guys wearing face masks like a fighter pilot. they don't do that amnymore?

when is a person responsible for their own well being? Ford doesn't send a guy tyo my driveway every time I leave and watch me put on my seatbelt. if i dont wear it and die is that fords problem?

[F1-00 Racing]

Here's a thought...

With Mr Alweiss stating that this "not about the money" and only in the interest of safety, How about this as a possible settlement?

Request that the insurance companies pay for every 2011 registered race equipment owners of SBI and OPA be flown in to St Pete along with the respective presidents and safety/technical staffs of SBI/OPA and a panel of 10 "boating safety experts" to sit down one weekend and throw us all in a room and lock the door until we can come up with "specific safety guidelines and procedures" as well as enforcement procedures and implementation.

I mean this whole litigation isnt about money right?

[Bobcat]

I got a phone call from Paul, He had heard there was a meeting today in KW , with the TDC (Tourist Development Council) I phoned them and they know nothing about it. There is a meeting today but I do not know where or when.

[Ratickle]

Please be cautious guys. I have friends on both sides of this issue, including a couple who are not with us anymore.

Thanks

[Ratickle]

Here's a thought...

With Mr Alweiss stating that this "not about the money" and only in the interest of safety, How about this as a possible settlement?

Request that the insurance companies pay for every 2011 registered race equipment owners of SBI and OPA be flown in to St Pete along with the respective presidents and safety/technical staffs of SBI/OPA and a panel of 10 "boating safety experts" to sit down one weekend and throw us all in a room and lock the door until we can come up with "specific safety guidelines and procedures" as well as enforcement procedures and implementation.

I mean this whole litigation isnt about money right?

That's a good idea.