Smuggling Boat Capsizes in SoCal leaving at least 3 Dead and Others Missing – Understanding Possible Liability in Smuggling Situations
Breaking News – three people have been confirmed to be dead and nine others are still missing after a suspected smuggling boat, more specifically, a panga boat, capsized off Del Mar.
Local fire crews as well as the U.S. Coast Guard and Homeland Security responded to the area north of Torrey Pines State Beach at approximately 6:30am where the panga washed ashore. According to Deputy Chief Jorge Sanchez, with the Encinitas Fire Department, they estimated that there were approximately eighteen people on the breach, which resulted in the incident being upgraded to a major medical response.
According to a Coast Guard spokesperson, three people were declared dead on the scene. Four others survived and required medical care. Multiple others remained missing; children are believed to be among the missing. Crews searched for additional victims by helicopter, jet ski, and boat.
According to a San Diego meteorologist with the National Weather Service, winds were light, and waves were slow rolling (reaching heights of about six feet); water temperature at the time of the incident was about 63 degrees Fahrenheit.
As crew continued to search for more victims, a bulldozer moved the panga. It was a wooden dinghy with scuffed blue paint measuring over 20 feet long with wooden planks as seats. Inside the boat, crew found more than one dozen life vests, a pair of running shoes, multiple water bottles, and an empty waterproof cellphone bag. Reportedly, the engine had visible damage.
Unfortunately, it is very common for small boats smuggling people to reach U.S. beaches, specifically those close to borders or neighboring countries. In many cases, boats wash up ashore empty so it is unclear whether people made it safely to land or whether they were lost at sea. In very few cases, responsible parties are arrested and are charged criminally.
This incident raises many questions, specifically about fault for injuries or deaths that occur while people are being smuggled into the country by small boats. Liability for deaths and injuries from panga boat smuggling when boats capsize or passengers are stranded, without a doubt, is complex as many different types of law must be considered, including tort liability, maritime law, immigration law, and criminal law.
Downtown L.A. Law Group: if you have questions about liability for incidents involving boats smuggling people to the country, it is important that you reach out to an experienced lawyer. Here at our firm, our legal team can help you!
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Who Can Be Liable?
Some of the parties/entities that could be liable for these incidents can include the following:
- The smugglers: They can face prosecution under federal law for homicide, reckless endangerment, and human smuggling. In theory, victims and surviving family can sue smugglers for personal injury or wrongful death; however, since these smugglers are often unknown, meaning that there is no way to hold them accountable for injuries either civilly or criminally.
- Third parties: liability is rare but not impossible.
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- Boat owners – Boat owners that knowingly lent out a boat or rented out a boat for smuggling could be found liable.
- U.S. Government entities like the Coast Guard or Border Patrol – If these entities took action that caused or worsened the situation (such as ramming into a vessel while trying to intercept or prevent the smuggling), they may be found liable.
- Local government entities like police, lifeguards, first responders – if these entities negligently handled an active rescue situation (like failing to perform CPR, for example), then they could be found liable.
Without a doubt, establishing liability for these incidents can be complex, so we recommend that victims and their families reach out to a trusted personal injury attorney as soon as possible.
Can I File a Lawsuit?Anyone – including undocumented migrants and their families – can file a lawsuit for injuries or wrongful death. The problem is that these lawsuits can only be filed if liability can be established. In cases of smuggling, the liable party, or smuggler, might get away or might even be among the dead, for instance. As mentioned above, it is rare for third parties, like boat owners and government entities, to be found liable.
Compensation: if you can establish liability and pursue a claim, you could be entitled to compensation, which may include medical expenses, lost income, pain and suffering, funeral/burial costs, loss of consortium, and more. If you have questions about the compensation that may be available for recovery, contact us today.
Contact the Downtown L.A. Law Group Today
If you have any questions about the legal options available to you and your family after you or a loved one were harmed after a boat capsized during attempted smuggling, it is important that you seek legal assistance as soon as possible. Our legal team has decades of experience and is ready to help you fight for justice. We offer free legal services, which include free consultations and free second opinions. During these free legal services, our experts will be available to answer your questions, address your concerns, and provide you with the guidance that you need to start or continue your claim. To schedule a free case review, contact us today.
Zero-Fee Guarantee: you will never be required to pay any upfront legal costs for any of our legal services. In addition, our firm works on a strict contingency structure, so you will not be responsible for paying anything if your lawsuit is unsuccessful. Contact us today to learn more about how we can help you.
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