California Dive Boat Owners that burned through the entire constitution of Labor Day weekend approaching Santa Barbara, killing 34 of us aboard, we continue to grow and grow to 19º19th century maritime law to argue that they maintain should no longer pay money to the families of the victims.
From their petition filed Thursday, homeowners' attorneys Truth aquatics Inc., Glen Fritzler, and his other indispensable Dana, cite an 1851 statute when calling for the desire to keep their financial liability at bay or reduce it to an amount equal to the cost of the boat's stowage, or $ 0.
Thought ignited early September 2, burned for hours and sank near the Channel Islands. It is now useless, essentially essentially based on Fritzlers' federal lawsuit in the Central District of California.
The reason for the fire is below the investigation. Russell Brown, a crime expert representing Truth Aquatics and the Fritzlers, declined the remark.
Proper walking occurs when dive teams are distant buying the 34th body and investigators are interviewing surviving crew members about the lethal trip.
Robert J. Mongeluzzi, a maritime crime expert primarily from Philadelphia, who in most cases represents families of us
who died in duck boat incidents, said the Thought owners' petition used to be a predictable, if insensitive, tactic for a boat operator going through real payments.
"It is magnificent without a heart when whole bodies have not been recovered to record something announcing that their lives are worthless," Mongeluzzi said.
No longer part of victims' family
the Fritzlers or Truth Aquatics, however, in court files, the owners report that they have received information about true allegations.
In addition, law firms
for the families of the victims. At a makeshift memorial this week in the port of Santa Barbara, an administrator of a non-public damage agency approached Steve Quitasol, a man's brother.
who died in the fire with his three daughters and stepmother. Laura Rosales told Quitasol that three families of victims had hired the law firm and asked him to meet with her.
"It's no longer about announcing that the team or team was wrong, it's about [security] protocols," Rosales said at the memorial. "It's about the insurance coverage company that held the thought."
The appropriate advisers stated that Thought owners successfully received their first victory in the litigation brought before filing the petition before the victims began legal proceedings.
Daniel Rose, an essentially damaged York-based maritime crime expert based primarily in York, said that if victims first filed lawsuits in revelation courts, they would be eligible for indispensable damages. By filing the petition, the thought owners will be in a revelation to disclose any future lawsuit to the federal court and live gigantic payments.
"He brings all the claims in court," added Michael Karcher, a professor of maritime law at the College of Miami. He emphasized that the distant petition faced obstacles and used to be no longer absolute.
To lift the termination, the Fritzlers must show in court that their company was no longer responsible for hell. Legal professionals from the victims' families will presumably shout the nuisance; however, it will be necessary to show that
owners knew or should keep the risk of damage identified.
The law, the Social Responsibility Limitation Act 1851, was routinely overtaken by ship operators, alongside the owner of the Astronomical. It has been invoked by owners today in the mishap of the Deep Water Horizon oil rig, the wreck of the El Faro freighter in 2015 and the death of duck boats such as the 2018 sinking in Missouri who killed 17
Rose called it a "nasty irregular law," dating back to the days when alternative transportation, possibly by chance by chance, no longer invents insurance coverage. Now it is the insurers – not the owner or operator of the boat – who push for this form of technique, as they simply fund the defense.
"It is certainly a tactic, however, transport owners are not bluffing; it is the law," he added.
Instances officials designated writer Puente contributed to this insist.