Florida Injury Lawyer Blawg
A 10-year-old girl has died at the hospital days after being involved in a barge-sailboat crash in Miami Beach that killed two other children.
Arielle Mazi Buchman died Thursday at Jackson Memorial Hospital, according to reporting from The Miami Herald.
Mila Tankelevich, 7, and 13-year-old Erin Victoria Ko Han died on July 28, the day that the 17-foot Hobie Getaway they were on as a part of a Miami Yacht Club summer camp program was hit by a 60-foot barge. The barge was being pulled by a tugboat.
The U.S. Coast Guard previously announced that they conducted sobriety tests on the adults involved — including the camp counselor, the tugboat and barge operators — and all tests came back negative. USCG officials also told reporters with The Miami Herald that the tugboat operator gave a statement, though no expansions were made to reveal what was said.
What Happened?
The incident happened between Hibiscus and Monuments islands around 11:30 a.m. On the boat with the girls were two other children and a 19-year-old camp counselor. Both the counselor and one child were treated at the scene while a fourth child was taken to the hospital. As of Monday morning, that child has been released, according to USCG officials.
Witnesses on land as well as those aboard the sailboat allegedly screamed and waved their hands to get the attention of the barge on the day of the crash, according to previous reporting from local media.
The operator of the tugboat pushing the barge on the day of the crash may not have been licensed “because of loopholes in Coast Guard regulations,” The Miami Herald reported Sunday, citing maritime experts. Federal law does not require a license for operators of commercial tugboats under 26 feet. The sole requirement is that the operator is a U.S. citizen. Experts told reporters that they believe the crane and other construction materials being transported by the barge may have affected the tugboat operator’s view.
Additional details, including the size of the tugboat, were not readily available Monday morning.
The crash remains under investigation by the USCG. Officials from Argentina, the home country of Mila, one of the girls who died, will, also be joining the investigation. The Chilean National Maritime Authority — a senior agency within Chile’s navy, the country Erin lived in before moving to the U.S. a year ago — has also been invited to join.
Erin’s family has since spoken out about the devastating loss of their daughter. In a statement from Alvin Wu, Erin’s uncle and godfather, the grief was palpable.
“Our lives were forever changed by a devastating accident that took Erin from us far too soon, leaving our family heartbroken beyond words,” he said. “We hold the other victims and their loved ones in our hearts, sharing in the profound sorrow this loss has brought to so many.”
She was described as an academically gifted child who brought incredible joy to those around her. She participated as a member of her school’s volleyball team and enjoyed trapeze. At her previous school in Chile, a memorial mass was held and classmates were pictured online releasing white balloons in her honor.
Leesfield & Partners
This unthinkable accident has left Miami residents reeling and the hearts of attorneys and staff at Leesfield & Partners go out to the families affected by the horrific tragedy. While the investigation is still underway, little information has been made available to the public. What is clear, however, is that these families deserve answers and those responsible must be held accountable.
Boating incidents like these send shockwaves through communities — and they happen all too often. In an ongoing Leesfield & Partners’ case, the firm is representing a teen who suffered a traumatic brain injury as the result of a water tubing incident. This case is being led by Partner Justin B. Shapiro and Evan Robinson, a Trial Attorney at the firm.
As a personal injury law firm with offices in cities like Miami, Orlando and Key West, Leesfield & Partners has seen firsthand the devastating toll these accidents take on families year after year. Our skilled trial attorneys approach every case with the compassion, diligence and knowledge of the law necessary to return the best possible outcome in every case. Our attorneys have secured numerous record verdicts and settlements for injured clients and their grieving loved ones.
There were approximately 685 reportable boating accidents in 2024, the year with the latest available data from the Florida Fish and Wildlife Conservation Commission. Of those accidents, the most common cause was a collision with a fixed object. Of the 685 incidents, many were fatal and caused significant injuries. At least 81 people died and nearly 400 others were injured. The majority of these incidents happened in Miami-Dade County, where Leesfield & Partners is headquartered.
Alcohol and/or drug use was a factor in about 36% of boating fatalities in 2024, the FWC data showed. Approximately 65% of fatal boating incidents involved operators with no formal boater’s education. This shocking number shows the need for reform and awareness surrounding this overlooked safety issue. These preventable and devastating crashes remain a deeply troubling issue for Ira Leesfield, the firm’s Founder and Managing Partner.
“The dangers from boating incidents are entirely underestimated as South Florida becomes more congested, drinking on the water becomes more prevalent and distractions from cell phones and other devices increases,” Mr. Leesfield said. “Important safety standards must be enforced on all watercrafts.”
In decades of personal injury practice, Mr. Leesfield and the other attorneys at his firm have consistently spoken out about boating safety and advocated for stronger education and public awareness. Mr. Leesfield and Mr. Shapiro regularly speak to the media to provide legal commentary on fatal boating incidents across Florida.
Just last month, Mr. Shapiro was sought as a legal commentator to discuss Lucy’s Law — legislation named after 17-year-old Luciana “Lucy” Fernandez, a local high schooler who died in a tragic 2022 Boca Chita crash. In discussing the law, which will provide stricter penalties for violating boaters, Mr. Shapiro said the changes were “long overdue.”
As the Coast Guard continues its investigation, Mr. Shapiro said he hopes the information will provide some insight into how this tragedy occurred.
“Florida is the boating capital of the world, but sadly, it is also the boating fatality capital of the world,” Mr. Shapiro said. “There are no formal education or certification requirements for most boaters in Florida, leaving many grossly unqualified to navigate Florida’s unique and congested waterways. Many boaters are unfamiliar with the most basic navigation rules and actions necessary to avoid collisions in vessel traffic.”
Previous Boating Cases
Previously, the firm secured a substantial settlement in a case involving a minor who lost a leg while not being supervised on a vessel.
The firm also handled the case of a family whose young son was snorkeling when he was hit and killed by a passing boater. The boater in that case was also a minor who should never have been given permission to operate the vessel without supervision. Not only did this minor not stop, but he attempted to cover up evidence and lied to police when questioned.
Neighbors later testified that this minor regularly operated the boat in a reckless manner.
The firm represented the family of a young woman, 20, who tragically died when the vessel she was on crashed into a concrete dock. The firm secured over $1.3 million for the family when it was revealed that the boat operator had been drinking and speeding the night of the crash.
In a jet ski and boat crash, Leesfield & Partners attorneys secured $935,750 for their client.
In a boat case involving a foreign resort, the firm secured an $800,000 recovery for the injured client.
Another boating accident involving a negligent operator resulted in a $500,000 recovery.
The firm represented the widow of a man who drowned while on a boat tour at the Dry Tortugas National Park. The company’s tour guides instructed the man where he should go to snorkel and, within minutes, his body was found unresponsive.
The firm secured a six-figure recovery in that case.
Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, represented the family of a young man and father-to-be who was lobster diving when he was killed by a law enforcement officer who negligently failed to adhere to divers-down flag laws.
