Maui or The Valley Isle which is the second largest Hawaiian island, beloved for its world-famous beaches, the sacred ʻĪao Valley, views of migrating humpback whales (during winter months), farm-to-table cuisine and the magnificent sunrise and sunset from Haleakalā. But unfortunately, a complaint has been filed during a snorkeling tour which was arranged at this beautiful destination by a Catamaran tour company.
The lawsuit was filed by a couple named Elizabeth Webster and Alexander Burckle who belonged to the Alameda County in California on 23rd Feb 2023. California honeymooners sue Maui tour company for $5M and the reason for filing the case was that the couple was being “abandoned” in “open ocean” and they were asked to swim back to the shore by themselves.
On 23rd September, 2021, the couple were on their honeymoon in Maui and booked the Lanai Coast Snorkel excursion from Sail Maui. They were experienced snorkelers and they had been to Hawaii earlier also. On 24th April, 2023 The court’s initial hearing against the complaint will be organized.
The Sail Maui website reported the whole incident as, ‘the tour was launched from Lahaina, and it stopped at “multiple snorkel sites” along nearby Lanai’s coast looking for spinner dolphins.
At the first snorkeling site, the captain instructed the travellers on safety precautions but didn’t inform them about the snorkeling boundaries or about the turn about time. Hence this couple went snorkelling about for an hour, but now the water had became tempestuous and storm-tossed. The newlyweds were tired enough and started searching for the catamaran. They started swimming back for about 15 minutes after which the fatigued couple observed that the catamaran was moving ahead and faraway of them. It was now that they understood that the boat has left without them.
They “began signalling distress and calling for help,” their lawsuit alleges. the couple estimated they were in “6-8 foot rolling surf” and with no other boats around. As per the reports, one of the passenger noticed that the couple was left behind in the sea, but the crew members said that the head count was correct according to them. The crew counted the passengers thrice. In the first and second count the head counts came as 42 out of the 44 passengers, but in the last head count they counted all the 44 passengers. As per Washkowitz , “(The boat) wasn’t organized, people were moving around while they were counting.” And that is the reason they got 44 as the last head count.
Jared Washkowitz, an attorney for the couple, said that “the emotional distress is in the moment, not knowing you’re going to live or die. And it’s not just you out there, it’s your newlywed spouse too. They are actually really traumatized by it. They’re getting psychological treatment and have physical symptoms of anxiety.”
The Lawsuit said that,” They feared that drowning was imminent, plaintiffs realized the Vessel had left them and was not coming back for them, and they decided that their only option for survival at that point was to return to shore. Plaintiffs were extremely fearful and nervous about the decision because they were told in the safety briefing explicitly not to swim to Lanai and that shallow reefs were in the area.”
Washkowitz added, “The main thing is that these kind of companies that operate throughout the islands, most of their customers are people visiting who may or may not have a lot of experience in the water, who may not be familiar with the water. Even for local people who are used to being in the water out here, being left out that far, it’s scary. For people who are just visiting, it’s very traumatic. (These companies) are responsible for those people.”
The couple swam for about half a mile which was the distance to shore. The couple got “fatigued and dehydrated.” And they also had cuts from the reef. Out of fear, the couple began to wave their palm to every passing boat so as to get their attention, whereas Webster wrote “SOS” and “HELP” in the sand so that they may seek some sort of help.
With their efforts eventually, a local couple in a truck passing by had stopped and the couple used their cell phone to call Sail Maui. The company hence arranged a ferry from Lanai to Maui for the couple and met them at the harbor on Maui. A Coast Guard investigation from Sail Maui supported the couple for the negligence done by the company. After the lawsuit was filed, the company now makes “vocal contact with each listed passenger before departing”.
