By Brigette Honaker  |  August 30, 2018

Category: Consumer News

Following the tragic death of two individuals, family members have filed a duck boat lawsuit claiming that the tourist boats are unsafe and seeking $100 million in damages.

After Ervin C. and Maxwell L. died along with 15 others on Missouri’s Table Rock Lake on July 19, their families have filed a duck boat lawsuit against the boat designer, Ride the Ducks International, and the boat operator, Ripley Entertainment. The family members claim that the operator ignored a severe thunderstorm warning and chose to send the boat out anyways.

“Prior to July 19, 2018, defendants knew that duck boats are deadly on the land and on the water. Prior to July 19, 2018, defendants knew that their duck boats’ minimal usefulness as a product is outweighed by the grave danger they pose to the community,” the duck boat lawsuit states. “Despite defendants’ knowledge, they chose to value profits over the safety of their passengers and sent thirty-one innocent people in Stretch Duck 07 out on Table Rock Lake on July 19, 2018, willfully and intentionally placing them directly in harm’s way.”

Duck boats are tour vehicles that can operate as tour buses on land and tour boats on the water. The duck boat in question was used to provide tours of Branson, Mo., and the nearby Table Rock Lake. The families claim that the duck boat involved in the fatal accident was designed by the previous operator, Ride the Ducks of Branson. However, the plaintiffs say Ride the Ducks of Branson President Robert McDowell, who allegedly designed the boat, was “self-educated” and had no real knowledge of engineering or mechanics.

“Upon information and belief, Robert McDowell’s design was based entirely upon conversations with a high school football coach who previously co-owned the Ride the Ducks business,” the duck boat lawsuit claims.

Duck boats have allegedly proven to be unsafe in the past. In December 1999, 13 people died in a duck boat accident in Arkansas. This accident prompted the U.S. National Traffic Safety Board to call for safety enhancements on the duck boats to prevent them from sinking when flooded.

The Board also called for the removal of overhead canopies on the boat, calling them an “unacceptable risk” that prevents passengers from escaping the boat during the sinking. Despite this warning and call to action, Ride the Ducks International allegedly failed to make their boats safer, leading to the death of Ervin and Maxwell.

The families also claim that Ripley Entertainment failed to cancel the tour due to a National Weather Service severe thunderstorm warning. Instead, the operator allegedly moved the water portion of the tour earlier. When the storm hit the boat during the water tour, and four-foot waves were encountered, the captain of the boat allegedly failed to advise passengers to put on their life jackets.

“Instead, the captain lowered the plastic side curtains, thus further entrapping passengers in the soon-to-sink vessel,” the families allege.

Counsel for the plaintiffs has called the boats “sinking coffins” and have called for them to be banned.

“It’s outrageous they continue to put profits over the safety of passengers,” he said in an interview with Law360. “Our clients have asked us to help put them out of business.”

The Duck Boat Lawsuit is Case No. 6:18-cv-03225 in the United States District Court for the Western District of Missouri.

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