The families of the victims from the Table Rock Lake boating accident are prevented from seeking justice due to an 1851 maritime law that allows the companies involved to deny liability.
Two companies at the center of the July boating accident have yet to take responsibility for the deaths of 17 people. Ripley Entertainment, who runs Ride the Ducks and Branson Duck Vehicles, owned the boat involved in the accident.
According to the Indianapolis Star, survivors Tia Coleman and her 13-year-old nephew lost nine of their family members.
Coleman has filed a lawsuit against the companies on the grounds of negligence. In one of the several lawsuits filed, Robert J. Mongeluzzi, one of her attorneys, is seeking $100 million in the wrongful death lawsuit.
However, the 1851 law protects the companies because "the Vessel was a total loss and has no current value. No freight was pending on the Vessel."
"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."
Coleman was told by the captain of the vessel on the day of the boating trip not to grab a life jacket. When the boat began to sink, she and her nephew were forced to swim with a life vest while family members struggled to live.
"But we were told to stay seated, and everybody stayed seated. Nobody grabbed it. When that boat is found, all those life jackets are going to be in there," Coleman told Arkansas news outlet KOLR10 Ozarks First.
The Springfield News-Leader report on the Shipowner's Limitation of Liability Act explains that it was initially created to encourage boat ownership and increase sales.
"The law was intended to bolster a fledgling maritime shipping industry," lawyer Daniel Rose told the outlet. "Congress was trying to encourage people to buy vessels and improve the maritime system. This was 1850; there was no insurance for maritime vessels. The incentive was that if you go ahead and buy a vessel, we're going to protect you if anything goes wrong."
Rose added, "Fast-forward two centuries, it’s still on the books. It comes up in every one of these major high-profile disasters."
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