Florida Boat Owner Files Limitation of Liability Action After Fatal Deep Impact Center Console Incident Near Key West
Florida boat owner Reinaldo Aquit has filed a maritime petition for exoneration or limitation of liability in the Southern District of Florida following a fatal November 2024 boating accident involving his 2022 Deep Impact 39′ center console vessel. The petition, filed May 7, 2025, seeks to limit Aquit’s liability under the federal Limitation of Liability Act, capping exposure to the vessel’s post-incident value of $300,000. The case is styled In the Matter of the Complaint of Reinaldo Aquit as Owner of a 2022 Deep Impact, Registration No. DO1327056, 39′ HIN DIC39928K122, Case No. 4:25-cv-10041-DPG.
Incident Details: Sudden Hard Port Roll Ejected Passengers, Causing One Fatality
On November 7, 2024, Aquit was operating the Deep Impact vessel en route from Deerfield Beach to Key West with seven passengers aboard. While approaching the Calda Channel near Marker #20, the vessel unexpectedly pitched and rolled hard to port, causing all passengers — except Aquit and passenger Stephanie Rodriguez — to be ejected overboard. Tragically, Ms. Rodriguez, who remained on board, later passed away from injuries sustained during the incident. Other passengers reportedly suffered various personal injuries and property damage.
Legal Strategy: Limitation of Liability Petition Under Federal Maritime Law
Aquit’s petition invokes the federal Limitation of Liability Act, 46 U.S.C. §§ 30501 et seq., which allows a vessel owner to limit financial liability to the post-incident value of the vessel, provided the owner lacked privity or knowledge of the acts leading to the loss. Aquit asserts that at all relevant times, the vessel was seaworthy and properly maintained, and that the incident occurred without his fault, negligence, or knowledge.
The petition asks the court to:
- Approve the estimated $300,000 value of the vessel as the limitation fund
- Issue a public notice (monition) requiring all claimants to file claims in the limitation proceeding
- Enjoin the prosecution of any outside lawsuits related to the incident
- Enter judgment exonerating Aquit from liability or, if found liable, limiting recovery to the value of the vessel
Broader Implications: Passenger Injury and Death Claims in Recreational Boating
This case highlights the challenges faced by families and injured passengers in recovering damages following recreational boating accidents. While the Limitation of Liability Act offers vessel owners powerful protections, courts will closely examine whether the owner had privity or knowledge of any negligence or unseaworthiness that caused the casualty.
The outcome of this case may influence how attorneys for injured passengers or the family of Ms. Rodriguez pursue claims, potentially requiring them to participate in the federal limitation proceeding and contest Aquit’s right to limit liability.
Injured or Lost a Loved One in a Boating Accident? Contact a Maritime Injury Lawyer
If you or your family have been impacted by a boating accident, you may have rights under maritime law. Protect your legal options by consulting an experienced maritime injury attorney. Contact us today for a free consultation.
Florida Salvage Company Sues Yacht Owner for Salvage Award After Rescuing Sinking Nordhavn Vessel in Key Largo
Florida marine salvage firm Hutchings & Sons, Inc., doing business as Tow Boat U.S. Key Largo/Tavernier, has filed a maritime lawsuit in the Southern District of Florida seeking a salvage award after rescuing the M/V Jess Conn, an 80-foot 2021 Nordhavn N80 yacht, from sinking in the Ocean Reef Club channel. The complaint, filed May 6, 2025, brings claims under admiralty law against vessel owner Scott Burke, a resident of Key Largo. The case is styled Hutchings & Sons, Inc. d/b/a Tow Boat U.S. Key Largo/Tavernier v. Scott Burke, Case No. 2:25-cv-14145.
Yacht Ran Aground, Began Flooding; Salvors Pumped and Stabilized Vessel
On May 8, 2023, the M/V Jess Conn ran aground at the Ocean Reef Club channel. Initially, the captain — with owner Burke’s authorization — requested Tow Boat U.S. assistance but deferred extraction until high tide. By that evening, the vessel began taking on significant water, prompting an urgent salvage call.
Upon arrival, Hutchings & Sons found the vessel listing severely to port, with the swim platform submerged and the main deck flooding. The crew deployed multiple dewatering pumps into the lazarette, captain’s cabin, and engine room. Given the yacht’s size and the severity of the situation, a second salvage vessel was dispatched with additional equipment. The salvage team ultimately stabilized the yacht, arrested the flooding, and returned it to an upright position.
Legal Claims: Salvage Award and Quantum Meruit for Emergency Marine Services
The complaint asserts two legal claims:
- Count I (Salvage Claim): Hutchings & Sons seeks a marine salvage award, arguing that the Jess Conn was in immediate marine peril, that the captain accepted their aid, and that they successfully preserved the vessel from total loss. Under maritime law, salvors are entitled to a generous award reflecting the value saved — here, the yacht was reportedly sold in late 2024 for $5.99 million.
- Count II (Quantum Meruit): In the alternative, the plaintiff seeks fair compensation for the value of the services provided, including crew labor, equipment use, and operational costs, under the doctrine of quantum meruit.
The company claims Burke initially acknowledged the services rendered but refused to sign the standard marine salvage contract or pay the requested compensation.
Broader Impact: Yacht Salvage Law and Owner Obligations
This case highlights the critical protections maritime law provides to professional salvors, including the right to a salvage lien against the vessel and a substantial percentage-based award determined under the six-factor test from the landmark Supreme Court case The Blackwall.
The outcome may influence how yacht owners and captains approach emergency assistance agreements and reinforce the importance of prompt payment for salvage services in the luxury yacht sector.
Involved in a Marine Salvage Dispute? Contact a Maritime Attorney
If you are facing a salvage dispute, vessel arrest, or unpaid marine services claim, experienced maritime legal counsel can help. Contact us today to consult with a maritime attorney.
Miami Salvage Company Sues M/V TNT Lamborghini Yacht for $840,000 Salvage Award After High-Risk Rescue
Miami-based Fast Response Marine Towing & Salvage, LLC has filed a maritime lawsuit in the Southern District of Florida seeking over $840,000 in salvage compensation following the dramatic rescue of the M/V TNT, a $4.7 million 2023 Tecnomar Lamborghini 63 yacht. The complaint, filed May 9, 2025, asserts claims in admiralty against the vessel in rem and its owner, Commercial Fitness Concepts LLC of Tulsa, Oklahoma, in personam. The case is styled Fast Response Marine Towing & Salvage, LLC v. M/V TNT, a 2023 Tecnomar Lamborghini 63, in rem, and Commercial Fitness Concepts LLC, in personam, Case No. 1:25-cv-22149-JB.
Yacht Rescue Near Miami Beach Required Multi-Day Operation and Life-Threatening Efforts
On May 3, 2025, Fast Response received a distress call from the M/V TNT, which was sinking near Star Island and Monument Island off Miami Beach with 32 passengers and crew onboard — far exceeding the vessel’s maximum capacity. Within minutes, salvors arrived and observed the yacht sinking stern-first and drifting toward the MacArthur Causeway.
Fast Response deployed high-flow pumps, airbags, and pollution containment booms to stabilize the vessel. Despite severe conditions, including hazardous wakes from passing yachts, severe storms, hail, tornadoes, lightning, 60-mph winds, and three-foot seas, the team worked continuously for nearly 30 hours. Divers eventually located the source of water ingress — a breach at the boarding ladder — and patched it, allowing the team to dewater, raise, and tow the yacht safely to a Miami shipyard for repairs.
Legal Claims: Salvage Award and Maritime Lien Foreclosure
The lawsuit asserts three primary claims:
- Count I: Pure salvage award claim under general maritime law, seeking at least $840,000, reflecting the value saved relative to the yacht’s estimated $4.2 million post-incident value.
- Count II: Foreclosure of a maritime salvage lien against the M/V TNT, requesting the court issue a warrant for the vessel’s arrest to secure payment.
- Count III: In-personam salvage award claim against the vessel’s owner, Commercial Fitness Concepts LLC, to collect the salvage value directly.
The plaintiff argues that the operation involved high risk, extraordinary effort, and resulted in substantial benefits by saving the yacht from sinking and avoiding a total loss.
Broader Implications: Salvage Law and High-Value Luxury Yachts
This case highlights the critical role professional salvors play in protecting maritime property and the environment in South Florida’s luxury yacht market. Maritime salvage law incentivizes such rescues by granting salvors a lien on the saved vessel and an entitlement to a substantial award, calculated based on the effort, skill, danger, and value preserved.
The outcome of the case may reinforce the legal expectations for vessel owners to promptly compensate salvors and clarify the application of maritime liens and enforcement mechanisms in the high-end yachting sector.
Need Help With a Marine Salvage Claim or Vessel Arrest? Contact a Maritime Lawyer
If you are involved in a salvage dispute, vessel arrest, or maritime lien issue, experienced legal counsel is essential to protect your rights. Contact us today to consult with a maritime attorney.