Interesting case about potential liability of shipowner and professional captain
to injured passenger(s) in state and federal district court.
Video of 6-7' rogue wave
In February 2020, a 6’ rogue wave
hits Virginia Beach Aquarium Dolphin Tour boat
“Atlantic Explorer” with 120 passengers in Rudee Inlet, injuring numerous passengers and damaging the boat
On January 31, 2022, a passenger sues captain
and shipowner for $3,000,000 in state court for personal injuries. Shipowner files for injunction in federal court to invoke Limitation of Liability Act which limits shipowner’s liability for negligence of captain and crew to the value of vessel and earnings of the voyage in which it was engaged. Captain answers with claims for indemnification and contribution from shipowner from any liability. Federal court judge denies passenger’s motion to dissolve injunction due to the risk of late arriving claimants to recovery.