‘Worn-out’ harness led to parasailor’s 2012 death off Pompano Beach, feds say
By Erika Pesantes, Sun Sentinel | |
McClatchy-Tribune Information Services |
But the bird's eye view turned deadly for the
One official estimate put her fall at 450 feet.
Her death was pivotal in pushing legislators to create the Miskell-White Act, a state law regulating the parasailing industry that takes effect in October. The law also is named after
This month, a new federal report about parasailing safety officially confirmed what caused Miskell's restraint to break: It concluded that the harness she wore was "worn out" and "failed due to overload."
Her harness parted from a flight bar while she was midair. Officials had initially estimated she fell about 150 or 200 feet. According to the report from the
The 43-page report showed a picture of the threadbare harness, with its frayed straps, a blue covering on the seat and a waist pad that was worn out enough to reveal white padding underneath. The waist belt also was deteriorated from sun exposure, the report said.
Miskell's death has left loved ones heartbroken, including her husband, who is "not coping well -- to say the least," said
"At the time of her death, she was taking prenatal vitamins. It was her plan to start a family," Terry said. "These two were very young and in love, and had been together for a long time."
On
Miskell died at the hospital. A medical examiner determined she died from "asphyxia due to drowning and multiple blunt force injuries."
Three agencies on the case -- the
The agencies jointly interviewed Miskell's husband, the parasailing company's owner and the vessel's operator about the incident, officials said.
Investigators zeroed in on the gear used by the parasailing company,
The parasailing operator purchased the harness used by Miskell from another operator who was going out of business, according to the NTSB report. Neither of those operators were identified in the report.
Although the harness' history was unknown to the federal agency, investigators concluded it had likely been made in
"It was pretty old and pretty ratty,"
After carrying out its investigation, the
A spokeswoman for the
It's unclear whether any charges would result from the case.
The NTSB report cited Miskell's death as one of eight serious parasailing accidents across
The parasailing report was prepared with the goal of raising awareness about the associated risks and making the largely unregulated recreational activity safer nationwide.
For now, no rules dictate how often equipment should be replaced, said
Although he declined to comment on the case, he commended the NTSB's attempts at tackling the industry's shortcomings.
It's up to operators to self-regulate and for participants to question shoddy-looking equipment.
"They make up the rules as they go along. That's how serious it is," he said. "There are some who are more responsible and spend the money to change their harnesses and towlines than others.
"You look at the condition of that [harness], would you fly on that?" he said. "You don't have to be an educated parasailor to get off the boat."
To make things safer, parasailing gear should be turned over to manufacturers annually for stress tests to ensure equipment is suitable for use, McCulloh said.
It also should be replaced after a certain number of flights, or by a specific date indicated by a time-date stamp on the product, he said.
After multiple unsuccessful attempts, state legislators finally passed the Miskell-White Act that prohibits operators from going out to sea under certain weather conditions and requires safety briefings for passengers -- and at least
The new law is a step in the right direction, McCulloh said.
"It's not perfect, but it's going to open the door to bring more sweeping reforms," he said. "We need to take a baby step at a time."
Miskell's family filed a negligence lawsuit in
An attorney, who according to court documents represented them all, did not return messages for comment. Chandler, Fuller and Zabadal could not be reached for comment despite phone messages left for each.
Even though the NTSB did not determine who made the harness, the family's lawsuit specified companies that it alleges made, distributed and manufactured the harness.
A claim remains pending against those companies, as well as the
In lawsuit court documents filed earlier this year, a lawyer's request for
"When I am able to handle it," he said, "I will look in the camera to see if there are any pictures of our trip."
[email protected] or 954-356-4543 or
New parasailing law
The White-Miskell Act prohibits commercial parasailing when weather conditions are the following: sustained winds are 20 mph or higher, gusts are greater than 25 mph, rain or fog reduces visibility by less than half a mile or there are lightning storms within seven miles.
Operators also will need to be licensed by the
The law, named after
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