New Jersey Couple Files Complaint to Limit Liability After Boat Collision with Jet Ski in Miami
Alan Vaisberg and Victoria Vaisberg, a couple residing in New Jersey, have filed a Petition/Complaint for Exoneration From or Limitation of Liability in the United States District Court for the Southern District of Florida, Miami Division. The filing, made in admiralty under Case No. 1:25-cv-25740-DPG, relates to a collision that occurred on April 12, 2024, involving their 2023 34’ Saxdor vessel and a personal watercraft.
Boat Owner Seeks Exoneration from Liability Following Vessel and Jet Ski Collision Near Miami Causeway
The Limitation Petitioners, Alan and Victoria Vaisberg, as owners of the 2023 34’ Saxdor with Registration No. NJ9346HR, are seeking the benefit of the federal Vessel Owner’s Limitation of Liability Act, 46 U.S.C. $\S\S 30501$, et seq.. The purpose of this legal action is to either be exonerated completely from any liability or, alternatively, to limit their liability to the value of the vessel following the incident. At the time of the incident, the value of the Limitation Vessel was estimated by a marine surveyor to be $\$240,000.00$.
Details of the 2024 Boat Accident Involving 34′ Saxdor and Blue Yamaha Jet Ski
The complaint provides an account of the marine incident, which occurred on or about April 12, 2024. Alan Vaisberg was operating the Saxdor boat at approximately $28 \text{ mph}$, heading North on Meloy Channel between Macarthur Causeway and Venetian Causeway. He observed two personal watercrafts, or jet skis, approaching his port side from the area of Monument Island.
The first jet ski crossed in front of the Saxdor, prompting Mr. Vaisberg to decelerate slightly to maintain a safe distance and prevent a possible collision. The second watercraft, described as a blue, $11 \text{ foot}$ Yamaha with Florida Registration No. FL2234ST, remained on a plane and continued to approach the port side of the Saxdor. As this second jet ski, referred to as “Jet Ski 2,” got closer, Mr. Vaisberg turned the Saxdor to starboard in an attempt to avoid a crash. Despite this maneuver, Jet Ski 2 collided with the Limitation Vessel.
Limitation Petitioners Claim Incident Was Solely Caused by Negligence of Others
Jet Ski 2 was operated by Iliany Acosta-Guerra, who had a passenger named Rafael Jose Rojas Sanchez. Both individuals were ejected into the water due to the impact. Iliany Acosta-Guerra received medical treatment following the collision, although the full extent of the injuries remains unknown to the Petitioners. Jet Ski 2 sustained fiberglass damage above the rub rail.
The Limitation Petitioners assert that the Saxdor was seaworthy, properly maintained, manned, and fit for its purpose prior to the incident. They claim the collision was incurred without their privity or knowledge and without any negligence on their part. Furthermore, the complaint alleges that all damages and injuries were not due to any fault or lack of due care by the Limitation Petitioners. Instead, the Petitioners contend that any losses and damages incurred were due solely to and caused solely by the negligence of others for whom they are not responsible. The Limitation Petitioners contest liability for any property loss, personal injury, or death arising from the incident.
Seeking Injunction to Halt All Related Lawsuits and Establish Vessel’s Value
In their prayer for relief, the Vaisbergs ask the Court to order an appraisement of the Limitation Vessel’s value and approve an ad interim stipulation for that value. They are also asking the Court to issue a public notice (Monition) to all potential claimants, instructing them to file their claims and answers by a set deadline. Most significantly, they are requesting the Court issue an Injunction to restrain and enjoin the commencement and prosecution of any and all lawsuits, actions, or proceedings in any jurisdiction against the Petitioners or the Limitation Vessel related to the described incident, except within this current action. If they are ultimately judged liable, they request that their liability be limited to the value of their interest in the vessel.
If you or a loved one has been involved in a maritime collision, such as a boat accident with a jet ski in Florida, and are facing complex legal challenges under the Limitation of Liability Act, you need sophisticated legal guidance. Our experienced admiralty and maritime injury lawyers can help you navigate the specialized federal statutes and court rules that govern these complex cases.
Contact us now to speak with a maritime accident attorney.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
