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Posts tagged "Duck Boat Accidents"

The Tragic Loss of the Duck Boat - Table Rock Lake, Branson Missouri

The tragic loss of the Duck Boat with 17 persons, including children, will trigger investigations by the National Transportation Safety Board and the Coast Guard. Civil litigation will follow, likely including a pro-active filing of the owner of the Duck Boat under the controversial Limitation of Liability Act (LOLA) 46 U.S.C. ยง 30506. This statute allows a vessel owner to petition a federal court to limit its liability to the post-accident value of the vessel. In this case the value of the Duck boat is zero. In such cases, the LOLA triggers a statutory floor increasing the amount of recovery to $420.00 per ton. To put this in perspective, the sinking of the 30,000-ton container ship EL FARO during Hurricane Joaquin resulted in a fund amount to about 13 million dollars. Since the tonnage of duck boats is relatively small, perhaps no more than 10 tons, the value of the limitation fund would be about $4,200.00 - a ridiculously insignificant amount to be shared by all the claimants.

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