Lava tour operator hit with another lawsuit

[glinda]

Seems now that the dust has settled, and everyone has had some time to get their ducks in order..

First there was this article a few days ago..

'Lava bomb' incident triggers multiple lawsuits

The family of an Illinois woman seriously injured last July when a 'lava bomb' tore through the roof of a tour boat off Kapoho is suing the tour company and its owner in state court...

https://www.hawaiitribune-herald.com/201...-lawsuits/

And today there is this article...

Lava tour operator hit with another lawsuit

The family of an Illinois woman seriously injured last July when a 'lava bomb' tore through the roof of a tour boat off Kapoho is suing the tour company and its owner in state court...

https://www.hawaiitribune-herald.com/201...r-lawsuit/

And in both you see that Shane is trying to limit his exposure to the value of his boat..

Lava Ocean Tours is represented by Honolulu attorneys Normand Lezy, Michael Nakano, Duane Miyashiro and Jamie Madriaga, who filed the federal suit seeking to limit the company’s liability to $300,000, the assessed value of the “Hot Spot.”

The tour company's suit, filed Jan. 16 in U.S. District Court in Honolulu, called the incident "an unforeseeable offshore submarine volcanic event … which occurred without warning" and added, "any injuries, damages and/or losses resulting … or otherwise arising out of the aforementioned voyage were neither caused nor contributed to, by any fault, negligence or neglect on the part of" Lava Ocean Tours.

You gotta love the "unforeseeable offshore submarine volcanic event … which occurred without warning" line.. as if Shane wasn't warned a million times, and applied for a exemption to the rules put in place to protect against just that..

I just wonder how long before the Coast Guard is dragged into this for giving him the exemption?

[Chunkster]

I don't recall where I heard it, and it may well have just been a coconut wireless rumor, but I remember being told that the Coast Guard was looking into just how that exemption was issued. Didn't sound kosher to a lot of folks. Meanwhile, Shane's lawyers seem to believe in that old adage "the best defense is a good offense" and launched their own suit to limit damages. I have my doubts about the success of that strategy. (Disclaimer: I'm not a lawyer, but I portrayed one in a high school play once.) Time, and lots of it since this is in court and in Hawaii, will tell how this ends.

[alaskyn66]

If anything, cases like this will turn Hawai'i into more of a nanny state. Tour operators will have to have black boxes that record GPS, engine status, etc. And coast guard will have a tighter reign on keeping track of who is where at any given time. If coast guard did give an exemption to a skipper with a history of being 'reckless' then it is on them to take the heat.

[kalakoa]

Too bad Shane's tour company didn't use helicopters to get the automatic free pass.

Coast Guard is an obvious target because taxpayers have bottomless pockets, it's like winning the free money jackpot.

Good thing County kept everyone safe with Kim's "don't go there" proclamation -- think of all the money we'll save on liability insurance!

[Rob Tucker]

According to the Trib, Shane's exemption carried a vary clear disclaimer. The ship's captain is still required to use reasonable good judgement. The settlements or awards will be very large. I hope the young woman who was seriously injured has a full recovery.

[Carey]

It looks like the CG exemptions still places full liability on Turpin & Lava Ocean Tours (From the Trip article):
"According to the suit, Turpin had applied for and was granted permission to navigate his vessels inside a 300-meter safety zone from lava ocean entry points the U.S. Coast Guard had established to protect people and vessels from exploding molten rock. The Coast Guard warned Turpin, however, that by entering the safety zone, Turpin and Lava Ocean Tours “assume any and all risks and liabilities associated therewith, including but not limited to: injury, death and damage to persons or property.”"

[glinda]

Yep. looks like Shane might be shoveling burgers at McDucks for a long time.

I wonder if it will have been worth it? I am sure he loved that John Wayne swagger and being the guy with the biggest boat willing to go the closest etc. And I remember all sorts of folks right here on PW arguing for his right to do so.. saying those that said otherwise were wimps.. and all telling stories about how cool it was when they took the ride.. and would take it again.

And still.. I wonder if Shane will say it was worth it?

[snorkle]

The idiot friggen ran out of gas once. On a lee shore. Close in. During a storm advisory.

[PaulW]

He took thousands of people there without incident except for this one time. I assume he made all his passengers sign a hefty waiver.
I think he'll be just fine.

[glassnumbers]

haha this shane guy sounds like a pretty legendary Hawai'ian figure

Aloha