https://www.ajc.com/news/how-1851-la...JVDkGE2TkKi1H/

Wow. ****ing wow. There is a special place in hell for lawyers like the ones behind this "defense".

Could've stopped there.

Dude, lawyers just argue the law. Sometimes laws have terrible, unconscionable results. At which point the blame lies on lawmakers.

“Lawyers hold this opinion because an 1851 law, the Shipowner's Limitation of Liability Act, often caps damages to no more money than the salvage value of the sunken vessel.”

https://www.news-leader.com/story/ne...its/818216002/

except for that defense is thrown out after they find the negligence of the company is what resulted in that accident.

I'm not sure what you expect lawyers to do besides argue the laws on the books.

Probably.

I was just explaining why that defense was used in their answer.

oh yeah, i wasn't calling you out on it. my bad

These duck boats are everywhere it seem not just in US but worldwide and while there have been accidents on whole not bad. Hell there on ocean bays the great lakes where storms and wave can be wicked yet very few fatalities and a lot seem to be land accidents. Unless there are horrible maintenance records its going to be hard to find fault with the company. The USTSB and Coast Guard recommends canopied to be removed but doesnt mandate it. I think its the boat captain who ass is grass who made the call to hit the water and cut short the land tour. What qualifications do they have to be a boat captain? Do they constantly train and retest to retain license. It appears to me they are retirees who have owned pleasure boats most there lives. Sadly what they will go after those fixed income retirees that were under pressure to get the days gate fees in before the storm.

It was reported that a manager gave the order to the Captain to head out and hit the water first while they were in the parking lot.

Grand jury indicts captain of Ride the Ducks boat that sank in Table Rock Lake

https://www.ky3.com/content/breaking...B-ieNATqZI9Q_g

KANSAS CITY, Mo. (AP) — Charges have been filed against the captain of a Missouri tourist boat that sank and killed 17 people, including nine people from an Indiana family, federal prosecutors said Thursday.

A federal indictment shows 51-year-old Kenneth Scott McKee is facing 17 counts of misconduct, negligence or inattention to duty by a ship's officer resulting in death. The July accident occurred when an amphibious vessel known as a duck boat sank on Table Rock Lake when a sudden and severe storm rolled into the area. The boats were originally designed for military use in World War II but had been refurbished as a tourist attraction.

McKee is accused of not properly assessing the weather before or after the boat went on the lake near the tourist town of Branson, U.S. Attorney Tim Garrison said during a news conference in Springfield. Ripley Entertainment, the company that operated the boats, suspended operations following the accident.

The U.S. Coast Guard had found probable cause that the accident resulted from McKee's "misconduct, negligence, or inattention to the duties," according to an August court filing. The U.S. attorney's office added that the captain of a second duck boat that safely made it to shore during the storm acted in a "grossly negligent manner," though the court filing didn't elaborate on those findings.

The sinking killed nine members of Tia Coleman's family, including her three young children and husband, who were vacationing from Indiana.

The other people killed included two couples from Missouri, an Illinois woman who died while saving her granddaughter's life, an Arkansas father and son, and a retired pastor who was the boat's operator on land. Several lawsuits have been filed on behalf of victims and their survivors.

A spokeswoman for Ripley Entertainment has repeatedly declined to comment on the investigation but has said the company has cooperated with authorities.

The vessels first take tourists on a trip through Branson, a Midwestern destination for country music shows and entertainment venues about 170 miles northwest of Little Rock, Arkansas. The amphibious vehicles then travel to Table Rock Lake for a short excursion on water.

Weather was calm when the vessel known as a Stretch Duck 7 began its trip on July 19, but investigators have contended that operators had ample warning that a strong storm was approaching.

The vessel's certificate of inspection issued by the Coast Guard in 2017 established rules and limitations on when it could be on the water. It states the boat "shall not be operated waterborne" when winds exceed 35 mph and/or wave heights exceed 2 feet.

Video and audio from the boat, recovered by divers, showed that the lake was calm when the boat entered the water. But the weather suddenly turned violent and, within minutes, the boat sank.

The wind speed at the time of the accident was more than 70 mph, just short of hurricane force, according to the National Transportation Safety Board. Weather forecasts had warned of an impending storm with winds possibly exceeding 60 mph.

The wave height wasn't known, but cellphone video shot by passengers on a nearby excursion boat showed waves that appeared to be far greater than 2 feet high.

In addition to the weather, the Coast Guard has said it was looking into regulatory compliance of the boat and crew member duties and qualifications.

Branson is among several places around the country where the amphibious vehicles offer excursions. Since 1999, 42 deaths have been associated with duck boat accidents.

On May 1, 1999, 13 people died when the Miss Majestic duck boat sank on Lake Hamilton near Hot Springs, Arkansas. In 2015, five college students died and more than 70 people were hurt when a duck boat veered into a charter bus on a bridge in Seattle. Two Hungarian tourists died in 2010 when a stalled duck boat was struck by a tugboat-guided barge on the Delaware River in Philadelphia.

Class C felony. A class C felony can have up to 10 years imprisonment and up to $250,000 in fines. 17 counts. Ouch.

Cannot comment on investigation other than to say it is ongoing. Also cannot say if further indictments for other individuals will be sought.

Granted, the decision of the captain on the other ship did not result in death, but he still made the same decision to go out on the water. Wil be interesting to see what happens.

Not sure how to feel about that. I'm sure the guy's life is already pretty much ruined and nothing is going to bring those people back. I don't see what throwing him in prison is going to accomplish.

That's a fair point as well.

They have a good chance to win with that. Our company ships cargo and carriers use that all the time in courts to pay zero or very little.