Sunday Titanic News: Santa barbara Boat fire owners Using Titanic legal strategy

The tragic loss of life recently in a Santa Barbara boat fire is going to trigger lawsuits against the boat owner and perhaps other parties as well. It is being reported that the boat owner, Truth Aquatics Inc. has filed a lawsuit to limit its liability. It is suing under the Limitation of Liability Act of 1851 which says the owner of a ship can limit damage claims to the value of the ship. They must show that the owners had no knowledge of potentially dangerous flaws. The law was used to protect White Star Line from huge lawsuits back in 1912. And apparently has been used since then as well and survived legal challenges that took it to the U.S. Supreme Court.

Legal experts are stating it is not unexpected as they are trying to limit damage claims by the families of those who lost loved ones. Others criticize the decision as heartless. Since this occurred on water and involves maritime law, the legal action will take place in federal court which has jurisdiction on these matters. What is likely to occur will be confidential settlements between the company and the parties that sue for damages. While the lawyers for the parties seeking damages will talk publicly about trying to upend this law, in reality it will be more difficult then it first appears. And it will cost money if the parties seeking damages have to foot the bill for appealing it up if they lose at any stage of the process.

Source: Boat Owners In Deadly SoCal Fire Trying To Avoid Compensating Victims’ Families, Citing 168-Year-Old Law (SF First, 6 Sep 2019)

Leave a Reply

Your email address will not be published. Required fields are marked *