Key Takeaways:
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Systemic Negligence and Design Flaws: Duck boats are decades old and have major systemic design flaws. Also, owners and operators are often negligent.
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$100 Million Branson Lawsuit: Major lawsuits include the $100 million claim for the 2018 Branson accident that killed 17 people.
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Victims Defeat Ancient Maritime Liability Law: The boat owner attempted to apply the 1851 maritime law to limit financial liability, but the court ruled it out.
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$17 Million Settlement Sets Precedent for Claims: The 2010 Delaware River duck boat disaster was settled at 17 million; 15 million for the two deceased and 2-million for the injured.
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Need Specialized Maritime Legal Counsel: Victims must contact skilled maritime attorneys to ensure a fair duck boat crash settlement.
Duck Boats have been at the center of debate over their safety issues, their use of ancient technology, and fatalities. In the past two decades, we have seen many duck boat accident lawsuits following their collisions and crashes.
From the Delaware duck boat accident settlement to the 2018 Table Rock Lake accident, the lawsuits highlight different aspects. It showed design flaws, improper maintenance, and negligence by boat operators.
So, today we will discuss the top three duck boat accident cases, their lawsuit, settlement updates, and the lawyers’ roles in them.
3 Recent Duck Boat Accident Lawsuits:
Duck boat history is full of accidents, crashes, and lawsuits, despite being a popular tourist attraction. It includes the infamous Delaware River duck boat collision, killing 2 and $17M in settlement. Also, in another lawsuit, the settlement was around $100M.
Duck Boat Disaster Case Settles (2010 Delaware River)
This Delaware River duck boat disaster has set a significant precedent for liability litigation. It resulted in a huge $17 million global settlement.
Accident History:
The “Duck Boat 34” accident took place on July 7, 2010. It became disabled and stalled in the Delaware River near Philadelphia. At the same time, the Caribbean Sea, a tugboat pushing a barge, ran over the stalled duck boat.
All the passengers were thrown into the river and sustained critical injuries. Two Hungarian students, Dora Schwendtner (16) and Szabolcs Prem (20) died. Also, the run-over accident injured 18 other passengers.
The investigation found that the tugboat operator was distracted. He was dealing with a family emergency on his cell phone. So, he wasn’t observing the waterway properly and missed the critical lookout. So, it was a major negligence that led to the collision.
Law Firm Contribution:
Many prominent maritime law firms represented the plaintiffs. It included:
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Saltz Mongeluzzi Bendesky P.C.
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Robert J. Mongeluzzi, Jeffrey P. Goodman,
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Andrew R. Duffy, and Ronai & Ronai.
The legal team started a “long, drawn-out campaign” of discovery. They gathered significant documentation to support their claims. The documents made it clear that the accident was preventable. Also, there was serious negligence and safety breaches from the tugboat. Also, they proved that the tugboat routinely ignored the safety practices. It was a clear negligence from the boat operator. So, the maritime lawyers effectively proved operator negligence and challenged the defendants’ efforts to cap liability.
Settlement Details:
The jury pronounced a $17,000,000 duck boat lawsuit settlement. The families of the two deceased Hungarian students received the largest portion. $15 million settlement was split equally between their families.
The remaining 18 injured passengers received a $2 million settlement. The defendants included:
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Ride the Ducks
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Parent company Herschend Entertainment
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K-Sea Transportation Partners, owner of the tugboat Caribbean Sea
All three parties agreed to the terms. This settlement was nearly ten times the $1.7 million liability cap. Previously, the defendants attempted to impose the liability cap using the 1851 Limitation of Liability Act. So, it was a great victory for the maritime law firms as they stopped the companies from the liability cap and ensured 10X more settlements.
2018 Table Rock Lake Duck Boat Accident, Branson, MO
The 2018 Table Rock Lake duck boat accident was one of the deadliest in history. The litigation started immediately and later became famous as a 100-million-dollar duck boat lawsuit.
Accident History:
On July 19, 2018, there was a thunderstorm warning from the National Weather Service (NWS). Yet Stretch Duck 7 ignored the weather warning and Table Rock Lake near Branson, Missouri. It also ignored the forecast of wind gusts of up to 70 mph.
Stretch Duck 7 was carrying 31 people. Unfortunately, the duck boat experienced worsening conditions. High winds and waves were overwhelming the duck boat. The boat’s captain didn’t properly assess the weather. Also, he didn’t tell passengers to put on life jackets as the water became choppy.
Instead, the crews lowered the plastic side curtains. The lawsuit claimed that the lowered curtains trapped the passengers in the soon-to-sink vessel. There was no escaping, and in a shocking event, 17 people were killed. It included nine members of one Indiana family.
Law Firm Contribution
The estates of victims, including 76-year-old Irvin Coleman and 2-year-old Maxwell Coleman-Ly, filed a lawsuit against the boat operator for their negligence. They claimed $100 million in damages.
The plaintiff of the Branson duck boat accident lawsuit, accused Ride the Ducks and Ripley Entertainment Inc. The attorneys claimed that the vessel’s operators and owners repeatedly ignored safety warnings. So, they prioritized profits over passenger well-being, a gross violation of their duty of care. Furthermore, the lawsuit alleged that Stretch Duck 7 had design defects.
The boat owner knew about the defects for years, but they never addressed them. There were defects and improper maintenance of the engines and pumps. So, the maritime lawyers argued that proper maintenance could have prevented the accident.
There were criminal charges against three employees, including the captain, too. Charges mentioned that the captain failed to communicate and assess the bad weather.
Settlement Outcome:
The initial 100-million-dollar duck boat lawsuit highlighted massive negligence and loss. However, the ultimate resolution involved numerous individual lawsuits. In total, 31 lawsuits were filed against the boat operator. However, the final settlement amount wasn’t disclosed for the Indian family.
Branson Duck Boat Lawsuit: Maritime Law Challenge and Final Resolution
The 2018 duck boat accident had different aspects. In one way, a family lost 9 of its members. In another way, the boat operator tried to limit their liability. So, the litigation faced a two-way challenge.
Event Chronology:
Ripley Entertainment, the owner of the duck boat, attempted to invoke the 1851 Limitation of Liability Act. It was an ancient maritime law that was unsuccessful in the 2010 Delaware River case. With it, the company tried to limit its liability to the value of its boat.
It was a tricky attempt since the duck boat value has decreased significantly. It was almost four decades old and had no substantial market value. So, the liability cap would have reduced the plaintiff’s claim, too.
Law Firm Contribution:
Attorneys fought the defendants’ efforts to limit their liability. The federal judge ruled that the duck boat owner could not use the 19th-century maritime law to cap or limit the claims. It was a major victory for the plaintiffs because it allowed 31 separate lawsuits to recover their full extent of damages.
Also, the legal efforts ensured that the company could not claim the vessel’s minimal salvaged value.
Settlement:
The 2019 ruling denoted the 1851 Limitation of Liability Act. So, Ripley Entertainment faced a total of 31 lawsuits, including one from the Indiana family who lost 9 family members. The company stated that it had “actively pursued mediated settlements.” However, the final settlement amount wasn’t disclosed, showing respect to the victim’s family.
How To Apply for the Duck Boat Lawsuit?
Duck boat accidents aren’t rare. So, chances are high that you could also be a victim of a duck boat crash. Whether you are injured or your loved ones suffered a wrongful death from the accidents in a duck boat, you must file a lawsuit.
Seek Immediate Medical Attention and Document Injuries
Prioritize your health and check for any injuries. Also, document all the injuries as medical professionals check them. Keep copies of all medical bills, reports, and diagnoses to prove your damage claim.
Contact a Maritime Law Firm
Hire an admiralty attorney. The attorney must have enough experience in handling severe accidents and wrongful death claims.
Also, the attorney must be familiar with the Jones Act and related maritime laws. So, they can apply the laws and jurisdictions to the crew or the vessel’s operation. Do not negotiate with the company or its insurance provider without an attorney.
Initial Consultation and Investigation:
You should seek a free consultation to review the facts of your duck boat case. Once you hire the maritime law firm, they will launch an independent investigation. It involves:
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Collect Evidence: The attorney and his associates will gather accident reports, weather data, maintenance logs, and passenger lists. They will also collect safety records of the operator and the vessel.
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Identify All Responsible Parties: The law firm will file the lawsuits against the operator, such as Ride the Ducks, or the owner, such as Ripley Entertainment. For a manufacturing defect, the attorney would file a claim against the manufacturer for design flaws.
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Challenge Legal Defenses: Experienced counsel will prepare to fight defenses. They will stop the Limitation of Liability Act to prevent companies from lowering their claims.
Filing the Lawsuit:
In most duck boat accident claims, attorneys might try to settle the case out of court. It can be effective for minor injuries and a small settlement amount. However, for bigger settlements, such as the duck boat accident lawsuit, the attorney will file an appropriate lawsuit.
Discovery, Mediation, and Trial:
During the discovery phase, both sides exchange information. Most personal injury and wrongful death cases could be resolved through negotiation and mediation. So, your maritime attorney must be an expert negotiator
Contact Jones Act for Duck Boat Lawsuit Settlement:
Lawsuits for duck boat accidents need an experienced maritime or personal injury attorney. Jonesact, led by Emery Brett Ledger, works tirelessly to fight for your rights in maritime accidents, including duck boat.
Our 70+ professionals will assess the case, collect evidence, cross-check it, and negotiate with the boat operator and owner to maximize your claim.
Need A Duck Boat Accident Attorney?
Conclusion:
Duck boat accident lawsuits involve boat operators, owners, crews, and passengers. It makes the case complicated. Furthermore, the owner may try to limit their liability through the minimal salvage value of their vessel. So, contact us and let’s fight together for your rights and the claim you deserve.
