قالب وردپرس درنا توس
Home https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ US https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ Boat owners seek lawsuits after 34 people die in fire

Boat owners seek lawsuits after 34 people die in fire



LOS ANGELES (AP) – The owners of a dive boat in which 34 people died in a fire in southern California filed a lawsuit Thursday to launch potentially costly lawsuits, a move condemned by some observers as disrespectful to families of the dead.

Truth Aquatics Inc., who owns the Concept, filed a lawsuit in U.S. District Court in Los Angeles under a pre-Civil War maritime law that allowed him to limit his liability.

Investigators are still searching for what triggered the flame that destroyed the boat, which remains upside down at the bottom of the sea near the Channel Islands.

The time-tested legal maneuver has been successfully used by Titanic owners and countless other crafts – some as small as Jet Skis – and widely expected by maritime law experts. Still, the fact that it was filed just three days after the deadly cave Monday was a surprise to legal observers.

The families of the deceased, who are not mentioned in the complaint, will be served with notice that they have a limited time to challenge the company's efforts to clear itself from negligence or to limit its liability to the value of the remains of the boat, which is a complete loss. .

RELATED: Dozens killed after boat caught fire off California coast

17 PICTURES

Dozens killed after boat caught fire off California coast0101

] In this photo, provided by the Ventura County Fire Department, VCFD firefighters respond to a boat fire off the coast of Southern California, Monday, September 2, 2019. The U.S. Coast Guard says it has launched several boats to help over two dozen people who are "in trouble" off the coast of Southern California. (Ventura County Fire Department through AP)

In this photo, provided by the Santa Barbara County Fire Department, firefighters are working to extinguish a dive boat engulfed in flames after a deadly fire erupted aboard a commercial dive vessel California Southern Coast Monday morning, September 2, 2019 (Santa Barbara County Fire Department through AP)

In this photo, provided by the Ventura County Fire Department, VCFD firefighters respond to a boat fire off the coast of Southern California , monday, september. 2, 2019. The U.S. Coast Guard has said it has launched several boats to help more than two dozen people who are "in trouble" off the coast of Southern California. (Ventura County Fire Department via AP)

In this photo, taken by the Santa Barbara County Fire Department, a dive boat was engulfed in flames after a deadly fire broke out Monday morning near the northern California coast. aboard a merchant diving ship. . 2, 2019. (Santa Barbara County Fire Department via AP)

In this photo, provided by the Ventura County Fire Department, VCFD firefighters respond to a boat fire off the coast of Southern California, Monday, September 2, 2019. The US Coast Guard has said it has launched several boats to help more than two dozen people who are "in trouble" off the coast of Southern California. (Ventura County Fire Department through AP)

Memorial beyond the Aquarium of Truth to the Victims of the Conception Boat Fire, Monday, September 2, 2019. A fire rages through an entertainment diver moored near South Island. California's coastline early Monday, leaving many dead and hope diminished that more than two dozen more are still missing. (AP Photo / Stefanie Dazio)

42-year-old Orlando Aldana of Santa Barbara lit candles in honor of victims at a growing memorial for those caught in the conception boat fire, Monday, September 2, 2019, in Santa Barbara, California . Fire raged through a boat carrying pleasure divers anchored near an island off California's southern shore early Monday, leaving many dead and hoping to reduce that more than two dozen still would be found alive. (AP Photo / Stephanie Dacio)

Jay J. Lambert, 38, and his fiancé Jenna Marsala, 33, set a dive flag in memory of the victims of the conception boat fire on Monday, September 2 , 2019 in Santa Barbara, California. A fire raged through a boat carrying recreational divers anchored off an island off California's southern shore early Monday, leaving many dead and hope diminished that more than two dozen more will be found alive. (AP Photo / Stefanie Dazio)

Ventura County Fire Truck Leaves US Coast Guard Islands in Oxnard, CA, Monday, September 2, 2019. Many people fear dead after a dive boat caught fire dawn. Monday off the coast of Southern California. (AP Photo / Ringo HW Chiu)

An FBI agent arrives in the Channel Islands on the US Coast Guard in Oxnard, California, Monday, September 2, 2019, as many people are dead after a dive boat dies lit before dawn. Monday off the coast of Southern California. (AP Photo / Ringo HW Chiu)

FBI and Coast Guard staff working together on US Coast Guard Channel Channels in Oxnard, CA, Monday, September 2, 2019, as many fear dead after being caught by boat dawn fire on Monday off California's southern shore. (AP Photo / Ringo HW Chiu)

A woman comforts herself with a member of the US Coast Guard's Ventura County Fire Department in Oxnard, California, Monday, September 2, 2019. Many people fear dead after a boat dives lighted at dawn on Monday off the coast of southern California, according to the Coast Guard. (AP Photo / Ringo HW Chiu)

Coast Guard Captain Monica Rochester, right, addresses the media at US Coast Guard Base in Oxnard, California. Monday, September 2, 2019. A boat is on fire. dawn on Monday off the coast of southern California. Several crewmen were rescued and Lieutenant Cmdr. Matthew Kroll told the Associated Press, the Coast Guard is looking for others who may have escaped the fire by jumping from the boat. (AP Photo / Stefanie Dazio)

CALIFORNIA shaded relief map, highlighted with SACRAMENTO (capital) and fire locators, partial schedule

Coast Guard crews leave US Coast Guard islands as they head to scene boat that burned and sank off the Santa Cruz Islands early this morning at the Coast Guard Base in Oxnard, CA on September 2, 2019 – A dive boat sank amid high flames early off the coast of southern California and 34 U.S. coastguard passengers was reported. Five members of the Concept crew were awake and jumping in the water when the flames erupted around 3:15 a.m. (1015 GMT), Coast Guard Captain Monica Rochester told reporters in a television briefing. She said 34 people – not the 33 reported earlier by the Coast Guard – were not accounted for when Conception sank 20 meters (meters) off the coast, leaving only her nose exposed. (Photo by Mark RALSTON / AFP) (Photo credit should read MARK RALSTON / AFP / Getty Images)

Coast Guard crews leave the US Coast Guard's Channel Islands as they head to the location of the burnt boat and sank. Santa Cruz Islands early this morning at the Coast Guard Base in Oxnard, California on September 2, 2019 – A dive boat sank amid intense flames early off the coast of Southern California and 34 passengers were unattended, the U.S. Coast Guard said. Five members of the Concept crew were awake and jumping in the water when the flames erupted around 3:15 a.m. (1015 GMT), Coast Guard Captain Monica Rochester told reporters in a television briefing. She said 34 people – not the 33 reported earlier by the Coast Guard – were not accounted for when Conception sank 20 meters (meters) off the coast, leaving only her nose exposed. (Photo by Mark RALSTON / AFP) (Photo credit to be read by MARK RALSTON / AFP / Getty Images)

The Coast Guard crew leaves the U.S. Coast Guard islands on the Canals as they head to the boat location, which burns and sinks. off the Santa Cruz Islands early this morning at the Coast Guard base in Oxnard, California on September 2, 2019 – A dive boat sank in high flames early off the coast of southern California and 34 passengers were unattended, the U.S. Coast Guard said. Five members of the Concept crew were awake and jumping in the water when the flames erupted around 3:15 a.m. (1015 GMT), Coast Guard Captain Monica Rochester told reporters in a television briefing. She said 34 people – not the 33 reported earlier by the Coast Guard – were not accounted for when Conception sank 20 meters (meters) off the coast, leaving only her nose exposed. (Photo by Mark RALSTON / AFP) (Photo credit should read MARK RALSTON / AFP / Getty Images)




Hide the cap

SHOW THE CAPTION

"They force these people to make their requests and ask them they are now filing, "said attorney Charles Naylor, who is a victim of maritime law." They have six months to do so. They could allow these people to bury their children. This is shocking. "

Professor Martin J. Davis, director of maritime law at Tulane University, says that cases always follow accidents at sea and always look bad, but are usually initiated by insurance companies to limit losses. [19659002] "It seems like a pretty heartless thing, but it always happens. They just defend their position," Davis said. "It produces very unpleasant results in dramatic cases like this. … The optics are horrible. "

American law dates from 1851, but it has its origins in 18th-century England, Davis said. It was created to encourage shipping. Every country with a shipping industry has something similar

To prevail, the company and owners Glenn and Dana Fritzler must show that they are not guilty of the disaster.

They claim in the lawsuit that they "used reasonable care to make the concept appropriate. for work, and she was tight, steadfast and strong at all relevant moments, completely and straight fully equipped, equipped and equipped and in all respects maritime and suitable for the service to which it was engaged. "

Even if the master or crew were guilty, Fritzler and their insurance company could avoid paying a penny under the law, according to experts.

All those killed were in a single room below the main deck, Authorities say, the 33 passengers and one crew member were unable to escape from the flames.

Crew members told investigators they made several attempts to rescue people who were trapped before leaving the ship, the National Transportation Safety Board reported. None of the survivors spoke in public.

Not only is court registration intended to protect boat owners from legal exposure, but it will also require that all court cases be brought in the same federal court.

A judge will conduct a no-check trial to see if the company can successfully demonstrate that it was not guilty. If this is the case, each claimant would only be entitled to the value of the wreckage of the ship, which according to the suit is a total loss of zero value.

There is a long history of shipowners successfully defending this protection. The case involving the White Star Line, the owners of Titanic, went to the US Supreme Court, which ruled that a foreign owner could defend the statute of limitations, said lawyer James Mercant.

In this case, the plaintiffs eventually withdrew their cases and brought them to the England where the company was based. British law, while also limiting damage, provides a greater payout than the value of other lifeboats.

Although the law may protect property owners from damage, more than 90% of cases involving injury and death are settled before litigation,

Attorney A. Barry Capello, who is in discussion with another firm, to represent family members of the victims of conception in court, said there was a serious case of negligence on the boat fire and that good lawyers could find a way around federal court admiralty law.

"The law is so antiquarian and so distorted in favor of shipowners that damage to wrongful death cases is very limited unless exceptions can be proven," Capello said.

Capello recently prevailed in a case in which a company that hired a moving board of a man who drowned in the port of Santa Barbara defended liability protection. The judge ruled that the Admiralty Law did not extend to such crafts, even though the company appealed.

Davis said he heard about the disaster, there is a realistic prospect of the owner prevailing if the boat is properly equipped and the cause of the fire remains mysterious.

If the owner loses, there is potential for unlimited liability.

"That's why fighting is always about limiting it, because if you have unlimited liability, well, … 30 dead people is a lot of money," Davis said.


Source link