Duck Boat Companies Use 1851 Law to Deny Liability in Tragedy That Killed 17

*Tia Coleman, the Indiana woman who lost nine family members this summer in a boating accident in Branson, Missouri, is outraged that two companies facing multiple lawsuits over the incident are trying to treat it like a slave ship by invoking an 1851 Law that was used by vessel owners to limit legal damages.

According to the Indianapolis Star, the companies, Branson Duck Vehicles and Ripley Entertainment, cited an 1851 maritime law to eliminate liability for the tragedy that killed 17 people in July, according to Coleman’s lawyers.

via Indianapolis Star:

In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat. But the filing said that if a court does find negligence, their liability is zero. That’s because “the Vessel was a total loss and has no current value. No freight was pending on the Vessel.”          

Coleman and her lawyers called the legal move “callous and calculated.”

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Companies’ use of 1850s law to claim little or no liability stuns duck boat survivor Tia Coleman https://t.co/QqjNcp8OHf

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“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.”          

One of the lawyers, Robert J. Mongeluzzi, said, “Ripley’s inhuman legal ploy will sink as fast as their death trap duck boat did. We will legally and factually demolish this frivolous claim.”

A spokeswoman for Ripley’s told the Associated Press in a statement that the filing is “common in claims related to maritime incidents.”           

“We have reached out to those most impacted by the accident and offered to mediate their claims now,” the statement said. “Mediation often leads to faster resolution and allows those affected to avoid a lengthy process of litigation, and most importantly, begin the healing process.”

The 1851 Shipowner’s Limitation of Liability Act limits damages to the salvage value of the sunken vessel. 

“The law was intended to bolster a fledgling maritime shipping industry,” maritime lawyer Daniel Rose told the Springfield News-Leader. “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.

“Fast-forward two centuries, it’s still on the books. It comes up in every one of these major high-profile disasters.”

Mongeluzzi is seeking $100 million in the wrongful death lawsuit involving two of the deceased passengers, including one member of the Coleman family. 

He said there have been no settlement offers.

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