PORTLAND, Oregon (Portland Tribune) – On a cloudy day in Portland, a jet boat on the Willamette River carried a group of students from Tualatin Elementary School and their parents. The other boat was carrying tourists, including a Canadian pop star.
While skirting a narrow curve coming from opposite directions at high speed, the two ships collided head-first, injuring several passengers, including at least one child.
Now the high profile Portland company which owned the two ships, Willamette Jet Boat Tours, asks a federal judge to protect him from costly lawsuits, saying the injuries to the crash passengers “were not caused or were not caused by the fault and negligence” of the company or its crews.
The boats were operated “in a safe and conscientious manner and in accordance with all applicable federal and state laws,” the company says.
The litigation highlights a 170-year-old law that limits the legal exposure of boat owners, a law recently targeted by US Senator Dianne Feinstein and US Representative Salud Carbajal in federal legislation introduced last week.
Willamette Jetboat Excursions declined to comment for the article, as did company attorney Kurt Peterson of the Harrang Long law firm.
The blue Willamette Jetboat branded ships have become a staple on the Portland scene over the past decade. They cross the Willamette and other waterways at a speed of 40 miles per hour or more. Tickets cost $ 55, or $ 40 for children 11 and under.
Primary school group
On June 4, Andrea Haslewood and her 11-year-old daughter were thrilled to celebrate the end of the school season. From the travel agency’s launch site, they boarded the Osprey jet boat with two dozen other children and parents. All were celebrating the end of classes at Mitch Charter School, which is part of the Tigard Tualatin school district.
The boat headed south to Oregon City, then turned north. The company advertises a lot of “” go fast and turn and you’re going to get wet, “and that’s you know, the fun,” Haslewood said. “And it was really fun.”
It ended with a narrow curve.
âWe were going at high speed on the left side of the Willamette bank,â Haslewood recalls.
When the boats collided, the bow of the larger Peregrine Falcon climbed over the bow of the Osprey, shattering its Plexiglass windshield and injuring some of the relatives sitting in the front row of the excursion boat, according to Haslewood.
“The front of the boat was completely mutilated,” she said.
âA lot of the kids were pretty shaken up and really scaredâ¦ I later found out that a lot of the kids had dislocated fingers andâ¦ bumps and bruises,â she said.
âMy daughter broke her arm.
The injured include the songwriter of “Bad day”
Peregrine Falcon passengers were also injured, according to a complaint filed in July.
Among the plaintiffs was Daniel Powter, known for his single “Bad Day”. The song has become a staple from the American Idol TV show with its upbeat take on when “this all goes wrong.”
The passengers of the Falcon “suddenly saw another jetboat circling the river also at high speed,” the complaint continues. âTwo ships collided violently bow to bow. The metal shattered, the glass shattered, the crew were frantic, and the passengers screamed in terror as these future plaintiffs were thrown onto the ship.
The lawsuit says boat operators have failed to obey state boating laws that require vessels on rivers to stay right or starboard and operate safely.
Powter and two other passengers who filed the complaint suffered unspecified serious injuries and are seeking at least $ 5.5 million in damages, plus attorney fees, according to the complaint.
The lawyer of the Falcon passenger, Anderson Carey’s Adam Deitz, declined to comment, citing the ongoing litigation.
The jetboat company sues
Last month, Willamette Jetboat filed her own lawsuit in federal court, denying any liability, asking for a “disclaimer” and citing a federal law called the “Shipowners Limitation of Liability Act”.
Passed in 1851, the law has been used in major and high-profile ocean accidents ranging from the sinking of the Titanic in 1912 to the massive Deepwater Horizon oil spill in 2010.
The law allows boat owners to limit their damage to the value of the vessel after an accident if no negligence is proven.
As one legal blog put it, the law “allowed the owners of the Titanic to limit their liability to the value of the surviving Titanic lifeboats, to only $ 92,000 at the time, after the Titanic sank in April 1912. , killing more than 1,500 people. “
More recently, he was invoked in an attempt to avoid responsibility in the deaths of 17 people in a sinking duck in Missouri and in the deaths of 34 people in the fire and sinking of a dive boat called the Conception. in California, both in 2018.
On September 22, Feinstein and Carbajal introduced legislation to Congress to strike down the law – which Carbajal called “outdated and unfair” and restore the ability of family members of Conception victims to recover damages.
Company sued before
Willamette Jetboat Excursions’ legal record calls for total payments to its passengers to be capped at $ 300,000, which it estimates to be the combined value of the boats after the collision.
This appears to be the first time the company has invoked the 170-year-old law. But going to court is not a first.
The company has been sued nine times since 2002. In these, passengers and other boaters allege injuries and negligence, two of them claiming that unsafe practices resulted in back fractures.
âIt wasn’t clear how they were operating with us at that time, so I wouldn’t be surprised to know that this has happened in the past as well,â Haslewood said.
She is skeptical of Willamette Jetboat’s claim that the company and its employees do not take responsibility for the collision. âSomeone was at fault, and it was one of their drivers,â she said.
Haslewood says his daughter’s arm is healed. But the 11-year-old suffered panic attacks when the family tried other boat trips.
âShe gets really nervous and starts crying uncontrollably and talks about remembering the accident. And she’s not sure she wants to do that anymore, âHaslewood said. “It’s heartbreaking that she is still grappling with the emotional impact of this.”
Portland Tribune and its parent company, Pamplin Media Group, are media partners of KOIN 6.