Lawsuit IDs barge owner in fatal Miami Beach sailboat crash. ‘Preventable tragedy’
The company that owns the barge that slammed into a sailboat carrying Miami Yacht Club summer campers, killing three of the girls on board, was identified in a lawsuit filed Friday.
The barge and tugboat that was pushing the barge are registered to Waterfront Construction, which, according to state business records, is owned by Jorge Rivas. The suit, which was penned by attorney Judd Rosen, was filed in Miami-Dade County Circuit Court on behalf of E.Z., a 9-year-old girl who was treated for her injuries at the scene.
Lorenzo Palomares, an attorney for Rivas, said he would “make his comments” about the case “in court.” However, he told the Miami Herald that the captain “has been navigating these waters for 12 years and knows them backwards and forwards. We’re trying to figure out what [the sailboat passengers] were doing out there.”
Palomares added that the barge and tug were traveling at a safe speed of 3.5 knots, and that the tug’s mate is an experienced mariner with eight years on the job. “We are going to let the Coast Guard, with its excellent investigators, take its toll,” Palomares said.
Mila Yankelevich, 7, Erin Victoria Ko Han, 13, and Arielle “Ari” Mazi Buchman, 10, were killed after the 60-foot barge being pushed by the tugboat crashed into the 17-foot Hobie Getaway sailboat with five campers — girls between the ages of 7 and 13 — and one 19-year-old female camp counselor aboard. The crash happened between Hibiscus and Monument islands in Biscayne Bay around 11:15 a.m. July 28.
“Although she is lucky to have survived, E.Z. has permanent injuries as a direct result of this incident, and those injuries will affect her for the remainder of her life,” the filing says.
The family members told the Miami Herald that they filed the suit because they have concerns about the Coast Guard’s investigation. After having a conversation with the agency this week, Rosen and the girl’s parents said they feel investigators are on more of a fact-finding mission rather than conducting a criminal probe.
Rosen added that he was frustrated that the Coast Guard has not released the identity of the tugboat operator.
“They’re basically just writing a report. I don’t think they’re here to change anything, to find anyone guilty,” the girl’s mother said. “It’s unacceptable. In America; we need laws to protect our children.”
The agency said on Friday: “U.S. Coast Guard Sector Miami is conducting a thorough marine casualty investigation of this tragic incident. Findings will be made available as soon as possible. The Coast Guard does not comment on pending litigation.”
After the crash, Capt. Frank Florio, commander of U.S. Coast Guard Sector Miami, vowed that the agency would conduct a thorough investigation.
“We owe you answers, and we are going to find them,” Florio said.
Several named in lawsuit
In the filing, Waterfront Construction, the Miami Yacht Club and the club’s Youth Sailing Foundation are accused of being careless, reckless and negligent during the moments leading up to the crash.
The document says the camp — and the 19-year-old camp counselor — knew or should have known of the “unreasonable risk of injury and/or death” when it took the children on a sailing excursion on Biscayne Bay.
The Miami Yacht Club could not be immediately reached for comments.
The pilot of the tug, Rosen added, was operating the vessel recklessly and should have had a lookout on the bow of the barge knowing he was navigating through waters regularly packed with recreational boaters.
“They had the opportunity to avoid this crash, and they just weren’t paying attention,” Rosen said. “Common sense shows this pilot and crew were distracted. This was a needlessly, preventable tragedy.”
MORE: Coast Guard loopholes could be linked to barge crash, maritime experts say
The girl is healing from cuts and bruises, but her parents said they are worried about her mental health after the traumatizing ordeal.
“Thank God, physically, she’s doing well,” said her father, who did not want to be identified. “Emotionally, we’re still trying to understand how she is doing. Our family is so thankful she is alive, but we’re hurtful for the other parents.”
This story was originally published August 8, 2025 at 2:22 PM.
