California Boat Fire: Owners Blame Insurers Over Lawsuit to Cap Payout

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 9 September 2019.

California Boat Fire: Owners Blame Insurers Over Lawsuit to Cap Payout

On September 2, 2019, a devastating fire broke out on the Conception diving boat off Santa Cruz Island in California, resulting in the loss of 34 lives. The tragedy has left a trail of grief and anger, with many questioning the safety measures in place on the vessel.

Truth Aquatics Inc., the company that owns the Conception, has filed a lawsuit to limit their liability for damages, citing a maritime law from 1851 that allows them to cap their payouts to the value of the boat's remains. This move has been met with widespread criticism, with many calling it 'heartless'.

According to the lawsuit, the company and its owners, Glen and Dana Fritzler, argue that the vessel was seaworthy when it caught fire, and therefore they should not be liable for damages. However, maritime legal experts have pointed out that this is not an uncommon practice, and that the company is simply trying to limit their financial exposure.

Truth Aquatics has responded to the criticism, stating that they were forced to file the lawsuit by their insurers and other stakeholders. In a series of Facebook and Instagram comments, the company said that they 'wouldn't even consider' such a course of action, but were advised to do so by experts.

The comments came as the FBI, along with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Coast Guard, opened a criminal investigation into the company over the fire. Authorities served warrants and searched Truth Aquatics' offices and the company's two remaining boats on Sunday, but made no arrests.

The US Coast Guard had previously stated that the Conception had passed all its safety tests before it set sail. However, a preliminary investigation suggested that the boat lacked safety measures, including someone whose job it was to stay awake in case of fires or other problems.

As the investigation continues, the families of the victims are left to pick up the pieces and demand answers. The Conception caught fire around 3 a.m., and the crew members who survived said they couldn't get to the passengers, who were sleeping below the ship's hold. They were also blocked from opening the doors of the galley because of the flames.

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