MO - Duck boat carrying 31 tourists capsizes, killing 17, near Branson, July 2018

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Man who tried to save passengers of sunken duck boat says he's suffered, files suit Man who tried to save passengers of sunken duck boat says he's suffered, files suit

A man who jumped into Table Rock Lake to help passengers after a tour boat sank says he has suffered physically and emotionally and is suing the owner and captain of the Ride the Ducks vessel.

The suit is against Ripley Entertainment, Ride the Ducks International and Kenneth Scott McKee, who was captaining the duck boat that night. Harris is represented by attorney Jeff Bauer and the Strong, Garner, Bauer law firm in Springfield.

Man who tried to save passengers of sunken duck boat says he's suffered, files suit
 
Seriously probably has ptsd, knowing who to pick and who to leave or whatever he witnessed, I'd be forever distressed
jggordo said:
Man who tried to save passengers of sunken duck boat says he's suffered, files suit Man who tried to save passengers of sunken duck boat says he's suffered, files suit

A man who jumped into Table Rock Lake to help passengers after a tour boat sank says he has suffered physically and emotionally and is suing the owner and captain of the Ride the Ducks vessel.

The suit is against Ripley Entertainment, Ride the Ducks International and Kenneth Scott McKee, who was captaining the duck boat that night. Harris is represented by attorney Jeff Bauer and the Strong, Garner, Bauer law firm in Springfield.

Man who tried to save passengers of sunken duck boat says he's suffered, files suit
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mickey2942 said:
https://www-m.cnn.com/2018/10/16/us/missouri-duck-boat/?r=https://www-m.cnn.com/2018/10/22/opinions/is-lottery-win-worth-it-maltby/index.html?r=https%3A%2F%2Fwww.cnn.com%2F

This is interesting, the owner of the Duck boat, found a law from 1851, that limits their liability for maritime accidents.

That poor woman who lost her family.
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Can any websleuths legal people weigh in on this if possible please? I would be really interested to hear your feelings about this.
 
well, I'm a longtime paralegal, and that what's happens. You find case law that works in your favor and the other side does all it can to poke holes and find other case law that seemingly disputes or refutes the former. Then a judge ultimately decides. But yes, we see antiquated laws (maybe not quite this old) used often.

These cases will settle though. And that old law may help the parties get there.

(I tried my best to keep any emotion out of this, but wanted to add "sadly" at several points in this little reply.)
 
gregjrichards said:
Can any websleuths legal people weigh in on this if possible please? I would be really interested to hear your feelings about this.
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I think it is the usual legal Chutzpah, attorneys find and say the most outrageous things, trying to bully the claimants into settlement, by stating some arcane obscure legal technicality.

Normally, I find this type of chicanery, amusing. The blustering, buffoonery can be intimidating to some, that is the goal. We are supposed to be in awe of legal "greatness", the wily legalese.

In this situation, it is actually quite appalling.
 
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.[1]
Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of a third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle.

Admiralty law - Wikipedia
 
Report: Doomed duck boat refitted with weaker pumps

The Kansas City Star reports that the original Higgins pump, which is capable of removing as much as 250 gallons of water per minute from the bottom of a boat, was replaced with two less powerful electric pumps in the boat that sank in July at Table Rock Lake near Branson, which is about 10 miles north of the Arkansas state line.

One pumping system was for normal operations as the boats transported troops and equipment from ship to shore, while the Higgins was to keep the boats afloat in difficult conditions such as wind speeds of more than 15 mph or wave height of more than 3 feet. After the war, as the boats were converted for tourism, the Higgins pump was sometimes removed from duck boats so the vessels could be lengthened, or "stretched," to accommodate more passengers.

Report: Doomed duck boat refitted with weaker pumps
 
Captain in fatal duck boat accident charged with misconduct, negligence, more

SPRINGFIELD - The man at the helm of a duck boat that sank on Table Rock Lake during a sudden storm has been indicted on multiple counts by a federal grand jury. Seventeen people died in the July 19 tragedy.

Kenneth Scott McKee was charged in a 17-count indictment.
 
More people indicted in deadly duck boat sinking

Curtis P. Lanham, 36, of Galena, Missouri, and Charles V. Baltzell, 76, of Kirbyville, Missouri, were charged in a 47-count superseding indictment on June 13, according to a press release from the federal prosecutor's office.

Both Lanham and Baltzell were employees of Ripley Entertainment, Inc., which owned the "Ride the Ducks" company.

Also named in the new indictment is the captain of the duck boat, Kenneth Scott McKee, 51, of Verona, Missouri. He had previously been charged but the new action replaces the original indictment.

The June document that includes Lanham and Baltzell as parties keep the original charges against McKee, which were misconduct and negligence by a vessel captain, resulting in the death of another person.

Baltzell is charged with the same crimes as an aider and abettor of misconduct and neglect by a vessel captain, one count for each of the 16 passengers and another for a crew member who died in the accident.

Lanham is facing 17 counts of misconduct and 17 counts of neglect by an executive officer of the corporate charterer/owner. The case against Lanham also alleges he aided and abetted McKee’s misconduct, negligence and inattention to duty.

More people indicted in deadly duck boat sinking
 
mickey2942 said:
Five Killed, Others Injured in Seattle Duck Boat Accident

Another "Duck Boat" accident. I don't think that anyone should go on them. The "Duck Boat" was actually designed for D-Day. And even the marines thought those boats were clunky and dangerous.
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I don't think the boats are really that dangerous. They are in use all over the place and there really are not that many accidents. They are slow, so they absolutely should not be out in shipping lanes. And they sit low in the water, so they should never be out with passengers with the threat of bad weather. I think they accidents we have seen are almost entirely the result of terrible decisions by the operators. The federal charges brought in the Missouri case are meant to send a message to owners/operators that they will be held responsible for poor decisions. The Seattle crash shows that many of these boats have perhaps reached their retirement age. It maybe is time that many of the boats be retired.
 
Federal charges were dismissed due to legal technicalities re jurisdictional issues , but now the local prosecutors are coming after them criminally.

From July 16, 2021
3 men charged in deadly 2018 Missouri duck boat accident

A local prosecutor charged a boat captain and two other employees Friday over 17 deaths in July 2018 when a tourist duck boat sank on a Missouri lake during a severe thunderstorm, reviving the threat of long prison sentences seven months after federal charges against them were dismissed.

The total of 63 felony charges were filed in Stone County against the captain, the general manager and the manager on duty the day of the accident for the Ride the Ducks attraction on Table Rock Lake near the tourist mecca of Branson, in southwestern Missouri.

Captain Kenneth Scott McKee, of Verona, general manager Curtis Lanham, of Galena, and manager on duty Charles Baltzell, of Kirbyville, were charged after a federal judge dismissed earlier charges filed by federal prosecutors, concluding they did not have jurisdiction...
McKee, 54, faces 29 charges, including 17 charges of first-degree involuntary manslaughter. The 12 additional charges allege that he endangered child passengers on the boat, five of whom died.

The child-endangerment charges filed over deaths are the most serious, punishable by between 10 years and 30 years in prison. The endangerment charges involving children who survived the accident carry a sentence of up to seven years.

Much more at link.........

@Blondie in Spokane , @PrairieWind , @mickey2942 , @AzPistonsGirl , @jggordo , @JerseyGirl @BetteDavisEyes , @dancinunderthemoon , @AzPistonsGirl
 
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Term. Statutory or Common Usage?
jggordo said:
At least we can see they have a sense of humor. That lake does not constitute a "sea" or an ocean.
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@jggordo bbm Agreeing w your Oct 2018 post - that lake does not constitute a sea or ocean, at least not by common usage. But w shoreline length > 850 miles, Table Rock Lake* is a not a mere mud puddle.;);)
May surprise some ppl, but many statutes provide definitions & applications differing from common usage.

This section** is one example. "46 U.S.C. § 30502 (2014) §30502. Application
"Except as otherwise provided, this chapter (except section 30503) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters." bbm

Not commenting on merits or weaknesses of criminal or civil actions pending or resolved.*** my2ct.
____________________________________________
* Table Rock Lake - Wikipedia
** Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 305 - Exoneration and Limitation of Liability (Sections 30501 - 30512)
2014 US Code :: Title 46 - Shipping :: (Sections 101 - 80509) :: :: Subtitle III - Maritime Liability (Sections 30101 - 31343) :: Chapter 305 - Exoneration and Limitation of Liability (Sections 30501 - 30512) :: Table of Contents
*** Personally not familiar w maritime or admiralty law, but the Oct. 2018 article below contains a reference to the federal law/US Code section, which is the basis for owner's defense.
Duck boat survivor Tia Coleman stunned by legal maneuver invoking 1851 law | CNN
 
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al66pine said:
Term. Statutory or Common Usage?
@jggordo bbm Agreeing w your Oct 2018 post - that lake does not constitute a sea or ocean, at least not by common usage. But w shoreline length > 850 miles, Table Rock Lake* is a not a mere mud puddle.;);)
May surprise some ppl, but many statutes provide definitions & applications differing from common usage.

This section** is one example. "46 U.S.C. § 30502 (2014) §30502. Application
"Except as otherwise provided, this chapter (except section 30503) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters." bbm

Not commenting on merits or weaknesses of criminal or civil actions pending or resolved.*** my2ct.
____________________________________________
* Table Rock Lake - Wikipedia
** Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 305 - Exoneration and Limitation of Liability (Sections 30501 - 30512)
2014 US Code :: Title 46 - Shipping :: (Sections 101 - 80509) :: :: Subtitle III - Maritime Liability (Sections 30101 - 31343) :: Chapter 305 - Exoneration and Limitation of Liability (Sections 30501 - 30512) :: Table of Contents
*** Personally not familiar w maritime or admiralty law, but the Oct. 2018 article below contains a reference to the federal law/US Code section, which is the basis for owner's defense.
Duck boat survivor Tia Coleman stunned by legal maneuver invoking 1851 law | CNN
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Wow. Use a law from the 1850's and the heck with everybody else.

Wonder how the poor family of the two tourists that died when Philly's Duck Boat crashed?

Only thing worse was the war of the Duck Boat's in Philadelphia That con Milton Street lost the ramp. It wasn't his ramp. He would pick up passengers in center city. Proceed onto I95 and use the landing in the Northeast.

I95. No seat belts. A canopy to collapse on you. All to see what? People fishing on Linden Avenue?
 
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