Only three days after the tragedy of the dive boat Conception fire, Truth Aquatics, Inc., the owners of the vessel, filed a lawsuit in the United States District Court in Los Angeles, seeking to exonerate themselves of liability and to drastically limit the amount of damages that they might have to pay if they are found to be even partially at fault.
The lawsuit, which is premised upon The Limitation of Liability Act (the “Act”), 46 U.S.C.A. § 30501, et seq., looks to laws that were enacted in the 1800’s as a means of encouraging investment in the shipping industry when insurance was unavailable or too expensive. Despite the fact that the shipping and boating industry has grown tremendously, and that insurance is readily available, these laws are still in effect and ship owners and their insurance carriers use them to their advantage, even when so many lives are lost.
Boating Accident Attorneys Will Assist Families in Preparing Notice of Claim to Answer Truth Aquatics Lawsuit
Truth Aquatics, Inc. and its attorneys have now set into motion a number of critical deadlines affecting each family at a time when they are grieving and dealing with the aftermath of this tragedy. For example, Truth Aquatics and it’s insurers are asking the court for permission to publish notice in local newspapers that the lawsuit has been filed. Once permission is granted and the notices published, the families must prepare and file a response to the complaint within a certain number of days or their claims might be forever barred.
In order to protect themselves, it is essential that each family retain a law firm that has specialized experience navigating the intricacies of maritime law. An experienced maritime law accident lawyer will assist the family in preparing a notice of claim and answer to the Truth Aquatics complaint for exoneration within the time required by the court, and to challenge their argument that they should not be held accountable for the deaths of their passengers.
As part of our ongoing litigation in Hawaii for the July 2018 lava tour boat incident, we filed such a notice of claim and answer to the owner of the boat, when he pulled the same stunt.
- Answer to complaint for exoneration from or limitation of liability and notice of claims on behalf of the passengers.
- Third party complaint against the owner for injuries sustained.