Branson duck boat: A 167-year-old law could make all the difference if a lawsuit is filed
BRANSON MO NEWS: Buy PhotoThe capsized duck boat is being hauled away on a flat bed trailer down Missouri 265 on Monday, July 23, 2018 in Branson, Mo.(Photo: Nathan Papes/News-Leader)Buy PhotoIf survivors and families of those who died in Thursday’s duck boat sinking on Table Rock Lake plan to take the boat operator to court, they should file suit quickly, one maritime-law attorney said Monday.”It is very important for the families to try to file their lawsuits first in state court,” said New York City-based attorney Daniel Rose.A U.S. Navy veteran, Rose is an expert maritime lawyer who represented victims of a 2005 incident on New York State’s Lake George. On Oct. 2 of that year, 47 tourists were riding in a canopy tour boat, the Ethan Allen, which capsized, killing 20, according to a USA TODAY Network report.The boat operator settled claims, and the National Transportation Safety Board later found that the 40-foot boat was dangerously unstable and should have carried only a quarter as many passengers as were on board.RELATED: Florida couple describe storm that caused duck boat tragedyCases like the Table Rock Lake duck boat tragedy or the Ethan Allen sinking may seem like clear instances when courts might award high amounts of damages to survivors and families of the deceased, but Rose said federal statute has a “nuanced” effect on how lawsuits could play out.Another maritime-law expert, Philadelphia-based attorney Robert Mongeluzzi, agreed.”These are sophisticated actions involving maritime law, limitation of liability and products liability, and they need somebody who’s actually done those before.”Lawyers hold this opinion because an 1851 law, the Shipowner’s Limitation of Liability Act, often caps damages to no more money than the salvage value of the sunken vessel.RELATED: How did a 9-person family all escape sinking Branson duck boat? The law also …
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