Key Takeaways: Branson Duck Boat Accident
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1. Tragic Loss of Life. As the Stretch Duck 7 sank on Table Rock Lake in Branson, Missouri, seventeen people died on July 19, 2018.
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2. Corporate Negligence. The operator, Ride the Ducks, was found negligent. They took the boat onto the lake, ignoring multiple official severe weather warnings.
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3. Fatal Design Flaws. The NTSB cited that the boat’s low sides and its fixed canopy were unsafe. The canopy was a death trap that trapped the passengers inside.
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4. Failure of Oversight. The U.S. Coast Guard previously ignored safety recommendations from the NTSB in 2002. The safety measures could have prevented this tragic accident.
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5. Legal Accountability. The disaster led to the permanent closure of the Branson operation. The company settled the compensation privately with an unknown amount that was never disclosed publicly.
On July 19, 2018, Table Rock Lake in Branson witnessed a tragic accident. The Branson duck boat accident shook the community with 17 deaths. The amphibious passenger vehicle, Stretch Duck 7, capsized and sank on Table Rock Lake. Ride the Ducks was operating the boat, and the captain of the ship was found negligent in the accident.
The 17 deaths, including children and members of a single family, shook the nation. Originally, the DUKW vehicle was designed during World War II for military use. In the past decade, they have had a troubled history. The accidents have raised safety concerns, and people have been vocal about banning the amphibious vehicle. Following the accident, there were multiple lawsuits and claim settlements.
Branson Missouri Duck Boat Accident Details
The Branson duck boat accident was not a sudden, unpredictable event. It was the result of known design flaws, wrong judgment, and a disregard for severe weather warnings. The vessel was carrying 29 passengers and two crew members. It began an ill-fated tour in the late afternoon on July 19, 2018, despite an increasingly alarming weather outlook for the area.
The Weather Warning and Departure
The National Weather Service (NWS) had issued a severe thunderstorm watch for the area hours before the incident. The warning included Table Rock Lake. Furthermore, they issued a severe thunderstorm warning around 6:30 p.m., approximately an hour before the sinking.
It predicted high winds and dangerous conditions. Despite these increased warnings, the management of “Ride the Ducks of Branson” allowed the boat to go on its trip. Ripley Entertainment, the boat owner, let the Stretch Duck 7 go deep into the water.
The Storm’s Arrival and the Sinking
Around 7:00 p.m., the vessel entered Table Rock Lake. Right at that time, a severe line of thunderstorms rapidly descended upon the area. It was known as a derecho and part of a fast-moving weather system. It caused “hurricane-strength” straight-line winds, between 60 to 75 miles per hour. So, the waves on the lake were about four to five feet high.
The duck boat was an aging military vehicle. Its design wasn’t right for the rough water. So, it struggled against the violent conditions. Witnesses reported that the waves overwhelmed the vessel. The ‘Stretch Duck 7’ had a low freeboard, the distance between the waterline and the top of the boat’s side.
So, the low freeboard made it highly vulnerable in choppy conditions. Once water breached the vessel’s interior, the open design became further vulnerable. Also, the lack of compartments led to rapid swamping and sinking.
The Rescue Efforts and Fatalities:
The disaster unfolded rapidly, and rescue teams tried their best. However, the high winds, large waves, and poor visibility severely hampered initial rescue attempts. Local boaters and emergency services scrambled to reach the capsizing vessel.
Sadly, they couldn’t do much as the duck boat sank too rapidly. It gave them little time to react. There were 31 people on board, including 29 passengers and 2 crew members. Among them, only 14 survived, and 17 others were tragically killed.
The fatalities included one crew member, possibly the pilot, and sixteen passengers. They were from 1 to 70 years old. In one of the most heartbreaking aspects of the tragedy, nine members of the Coleman family perished. It included the mother’s husband and three children, her in-laws, and other relatives. The only two members of that family to survive were a woman and her 13-year-old nephew. They were from Indianapolis, Indiana, and their tragic end touched everyone in the community.
NTSB Investigation and Findings
The National Transportation Safety Board (NTSB) started a full investigation immediately. In its final report, the NTSB criticized the operator’s conduct. They also mentioned that there was a lack of regulatory action on known safety issues.
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Failure of Management and Crew: The NTSB found that the operator, Ride the Ducks, was clearly negligent. The crew didn’t follow weather guidelines. Also, they knowingly entered the water, ignoring severe weather warnings. The captain of the vessel was not so serious. He reportedly told passengers not to bother about the lifejackets. It was a fatal misjudgment as the boat sank almost immediately.
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Design Flaws and Lack of Safety Action: The NTSB found that the design of the duck boats had safety risks. Specifically, it had easily compromised buoyancy. Plus, there were the deadly fixed overhead canopies. The canopies offered shelter to the passengers. But, they were the deathtrap. It prevented passengers from escaping. It trapped them inside or beneath the sinking hull. The NTSB had previously warned the U.S. Coast Guard about the hazard.
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Coast Guard’s Failure: The hazardous recommendation followed a 2002 fatal duck boat accident. The NTSB noted that the Coast Guard had failed to implement safety changes. These changes could have prevented the Branson disaster, asper the NTSB report.
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Criminal Charges: The captain of the boat, Kenneth Scott McKee, was initially charged with 17 counts of involuntary manslaughter. There were other federal charges against him and the boat operator. However, a federal judge later dismissed the charges in 2021. The court cited a lack of criminal intent. State charges were also filed. However, the case faced different complexities regarding federal maritime law. It led to legal challenges and dismissals, though people tried to reinstate the case.
All Branson Duck Boat Accident Settlement
Following the devastating Branson duck boat accident, victims filed numerous civil lawsuits against Ripley Entertainment, Inc. They were the owner of the Branson “Ride the Ducks” operation.
Cases were filed against other related entities. The lawsuits primarily included claims for wrongful death and negligence. There were also claims for strict product liability and a failure to warn customers of the known dangers of the duck boats.
The Limitation of Liability Act (LOLA) was the critical challenge of the case. It was an archaic federal maritime law dating back to 1851. It allows a vessel owner to limit its liability to the post-accident value of the vessel.
Sadly, in the case of the sunken Stretch Duck 7, the liability would have been nearly zero. It’s because the vessel was decades old. Lawyers for the victims’ families, however, aggressively argued against the application of this law. They cited the company’s “privity and knowledge” of the vehicle’s dangerous defects. Also, there was a severe weather forecast that the company ignored for the duck boat accident Branson.
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Individual Case Settlements: The settlement negotiations included 17 victims’ family members and the survivors. These confidential settlements were distributed among the families, but were never disclosed publicly. It offered financial compensation for their profound loss and suffering, but apparently, it was never enough.
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A Landmark Resolution: The large-scale out-of-court settlements were a landmark resolution. It showed the defendant companies likely acknowledged their culpability. So, they tried to avoid lengthy, highly public trials. It could have exposed the full extent of their negligence. It would also have exposed the known history of duck boat design flaws and impacted the tourist business.
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Company Closure: Facing immense legal pressure and public outcry, Ripley Entertainment announced in early 2019 that it would permanently close the "Ride the Ducks" operation in Branson.
What To Do If You Face Any Duck Boat Accident?
Duck boats have a long history of accidents. So, what should you do if you or a loved one is ever involved in a duck boat accident? First, ensure your safety and get medical attention. Then, recognize that these incidents often involve complex legal issues concerning maritime law and corporate negligence.
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1. Seek Immediate Medical Attention: Ensure that the medical professionals document all injuries. The medical records are essential to prove the claims.
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2. Document Everything: Record details of the duck boat accident. It includes the time, location, weather conditions, crew behavior, and any statements made by personnel. If possible, take photos of the vessel and the scene.
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3. Preserve Evidence: Do not repair or dispose of the damaged personal property in the accident. It could be crucial evidence.
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4. Do Not Speak to Insurance Adjusters: Avoid giving recorded statements or signing any documents. If the defendant company offers any settlement, contact your maritime lawyer about it.
Maritime personal injury claims and wrongful death claims are extremely complex. It often involves the notorious Limitation of Liability Act. Thus, you must hire an experienced maritime attorney. A specialized maritime and personal injury law firm can navigate these challenges. Also, the personal injury attorneys will protect your rights to the full compensation you are due.
Need Legal Guidance After a Duck Boat Accident?
A tragic event like the Branson duck boat accident demands a powerful legal response. Don’t face the corporate entities and complex laws alone. Call (800) 300-0001 to reach the Jones Act Maritime Law Firm for dedicated legal counsel.
Like the Branson duck boat accident victims and their settlement claims, we will ensure your rights.
FAQ
Frequently Asked Questions
Among all the Branson duck boat accident victims, seventeen people died. It included one crew member and sixteen passengers. Most shockingly, there were nine members of a single family, the Coleman family. They were visiting from Indiana.
There were 31 people on board: 29 passengers and 2 crew members. Among them, 17 people died during the Stretch Duck 7 capsize event on Table Rock Lake.
The duck boat sank on Thursday, July 19, 2018, shortly after 7:00 p.m. Central Daylight Time. There was a strong storm during this time.
The company "Ride the Ducks of Branson" permanently ceased operations following the accident. However, new, independently owned duck boat tours are operating in Branson. They use modern, foam-filled amphibious vessels. So, the design is different from the older military-style DUKW boats. These newer and safer duck boats operate on Lake Taneycomo in Branson.
No, the pilot, Robert "Bob" Williams, died in the accident. The vessel’s other crew member, the captain or tour guide Kenneth Scott McKee, survived.
Conclusion
The Branson duck boat accident of 2018 was a preventable disaster. The lives of 17 innocent people could have been saved with appropriate safety measures and actions. The age-old duck boats were already under the radar. The NSTB reported a few safety recommendations way back in 2002.
Yet, two decades passed, and the US Coast Guard failed to implement these safety measures. It showed the dark side of how the negligence of both private and government entities is responsible for such accidents.
That’s where Jones Act Maritime Law Firm kicks in to ensure your claims and appropriate settlements. Our maritime attorneys will analyze your case and fight it to claim compensation from the defendant.
