Companies use maritime law to deny liability in Missouri duck boat overturn - Sensationalist Headlines

https://www.indystar.com/story/news/2018/10/16/missouri-duck-boat-accident-companies-cite-1851-law-counter-victims-lawsuits-tia-coleman/1656499002/ Tia Coleman, the Indianapolis woman who lost nine family members in the sinking of a duck boat in Missouri, expressed outrage at a court filing Monday by two companies facing multiple lawsuits in the tragedy. The companies, Branson Duck Vehicles and Ripley Entertainment, cited an 1851 maritime law to limit or eliminate liability for the tragedy that killed 17 people in July, according to Coleman's lawyers. In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat. But the filing said that if a court does find negligence, their liability is zero. That's because "the Vessel was a total loss and has no current value. No freight was pending on the Vessel." Coleman and her lawyers called the legal maneuver "callous and calculated." "Ripley’s legal claim that my husband and children are worthless is incredibly hurtful and insensitive," Coleman said in a statement. "Anyone who cares about people or has any human decency should boycott Ripley and their attractions." One of the lawyers, Robert J. Mongeluzzi, said, "Ripley’s inhuman legal ploy will sink as fast as their death trap duck boat did. We will legally and factually demolish this frivolous claim." A spokesperson for Ripley's said in a statement that the filing is "common in claims related to maritime incidents. It allows multiple court procedures to be carried out at the same time, with the aim of a swift resolution for everyone affected by the accident. While this filing may limit the company’s liability, we are filing this request at the same time we are actively pursuing mediation and settlement with those most affected, and have already scheduled, or are in the process of scheduling mediations." In July, the Springfield News-Leader looked at the 1851 law, the Shipowner's Limitation of Liability Act, which limits damages to the salvaged value of the sunken vessel. "The law was intended to bolster a fledgling maritime shipping industry," maritime lawyer Daniel Rose told the newspaper. Mongeluzzi said there have been no settlement offers. He is seeking $100 million in the wrongful death lawsuit involving two of the deceased passengers, including one member of the Coleman family. The lawsuit alleged Ripley "recklessly risked the lives of its passengers for purely financial reasons." Ripley Entertainment runs Ride the Ducks. Branson Duck Vehicles owned the boat. Sixteen of 29 passengers died July 19 when a duck boat sank during stormy weather in Table Rock Lake near Branson, Missouri. A crew member also died. Nine members of the Coleman family were killed including Tia's husband, Glenn Coleman, 40; daughter Arya Coleman,1; and sons Evan Coleman, 7, and Reece Coleman, 9. Ripley said in its court filing that boat was "in all respects seaworthy and properly manned." The boat, it said was "in good order and condition and suitable for their intended operation."

Maritime law in river? Hmmmmmmmmmmmmmmmm

One of the lawyers, Robert J. Mongeluzzi, said, "Ripley’s inhuman legal ploy will sink as fast as their death trap duck boat did. We will legally and factually demolish this frivolous claim." Jesus Christ.

A salvage law regarding shipping from 1851. I don't see how that can even possibly be used for anything nowadays considering how much shipping has changed since then. Also this wasn't a cargo ship and is also legally a truck iirc so idk what they are trying to do with this law in the first place.

These DUKWs are being used well outside of their capabilities and all of the ones used in these tours have a fuckload of dangerous modifications made for the sake of cramming more people into them. Duck tour operators need to be made to return the boats to their correct configurations and limit them to shallow water.

Maritime law applies to all "navigable" waterways. Whether it's an ocean, river, or lake. Though not all rivers and lakes are legally considered navigable. It's one of those legal definitions that's not always easy to define. Since Table Rock Lake is pretty big and supports businesses like these duck boats and other ferries/riverboats, it's probably safe to assume it's navigable and therefore under maritime jurisdiction. Maritime law is a whole different flavor of law on its own and needs to be handled by maritime experts. Regular lawyers and judges will not know all the intricacies it entails.

A similar law didn't protect BP from paying out its workers, I don't think its going to hold up when it happens because of negligence.

BP didn't own the rig, Transocean did. And they tried to use the very same Act: Transocean Ltd. Affiliates File Limitation of Liability Petition Transocean Revises Bid to Limit Liability After U.S. Criticism

https://youtu.be/TdeSh3vLvYI?t=7 No fucking way that'll hold up, it's defending the value of the sunken boat, not the people who died.

https://i.imgur.com/Z7nsqCH.gif