Table Rock Lake duck boat accident

On the evening of July 19, 2018, a duck boat operated by Ride the Ducks sank on Table Rock Lake in the Ozarks near Branson, Missouri, in the United States. The amphibious vehicle sank with 31 people on board, leaving 17 dead, during high winds associated with nearby severe thunderstorms.[1][2][3]

Table Rock Lake boat accident
The boat involved in the accident is retrieved from the bottom of Table Rock Lake
DateJuly 19, 2018 (2018-07-19)
TimeAround 7:09 p.m. (CDT)
LocationTable Rock Lake, Missouri, U.S.
Coordinates36°35′16″N 93°19′06″W
CauseUnder investigation; weather and rough waves factors
Participants31
Deaths17
Non-fatal injuries7

Background
Main article: Duck tour
The original design of the DUKW did not include a hard overhead canopy.

The DUKW ("Duck" or "duck boat") is a wheeled amphibious vehicle used by the United States military and its allies during the later years of World War II and the Korean War.[4] The vehicles became available in surplus after the Korean War, and a veteran in Minnesota began a business giving rides aboard the vessels to tourists on the Wisconsin River. Over the last 50 years, the practice has expanded to other areas. Several major tourist destinations in the United States feature duck boat tours, including Boston, Pittsburgh, Philadelphia, and Washington, D.C.[5]

Before the Table Rock Lake accident, there had been several other fatal incidents involving duck boats,[6] notably one near Hot Springs, Arkansas, on May 1, 1999,[7][8] in which 13 people died. That incident was attributed to several factors, according to the National Transportation Safety Board (NTSB); inadequate maintenance was the main cause, with other contributing factors including inadequate reserve buoyancy and the continuous canopy roof over the passenger cabin preventing escape.[9] Among others, recommendations were made for amphibious passenger vehicles to either add additional buoyancy to prevent sinking when flooded, or require passengers to wear life jackets and remove the canopy to allow escape in the event of a sinking.

Accident

The accident occurred shortly after 7 p.m. Central Daylight Time on July 19, 2018, as a line of severe thunderstorms approached the Branson area. Approximately an hour prior to the accident, the National Weather Service had issued a severe thunderstorm warning for areas around the lake.[10] It is not known whether the two crew members aboard the vessel were aware of the warning or what action they attempted to take. The National Weather Service reports that winds in the area at the time were in excess of 60 miles per hour (100 km/h), and the storm over the lake was moving very quickly and causing three-foot (one-meter) waves on the lake.[11]

The vessel was a refurbished DUKW built in 1944 and extended to hold more people, a design known as a "stretch duck".[12] The first 911 call was received at 7:09pm as the boat was already going under the water, according to the local sheriff.[13] Local officials reported the following morning that all passengers and crew aboard the vessel had been accounted for and confirmed a total of 17 deaths.[14] The ages of those who died in the accident ranged from 1 to 70 years old, and nine were members of a single family visiting from Indianapolis.[15] None of the passengers or crew were wearing a life jacket when the boat sank.[16]

Investigation and aftermath
The boat involved in the accident

The NTSB dispatched investigators to the accident site the following day.[17] In response to previous incidents involving duck boats, the NTSB had issued strong warnings about the design of the vehicles and the danger posed to passengers by their overhead canopies.[18][19][20] Tia Coleman lost nine family members in the accident; she claimed that the crew specifically told passengers not to put on life jackets because they would not need them.[21]

Jim Pattison Jr., president of Ripley Entertainment (who bought the Ride the Ducks Branson location in 2017),[22][23] told the media that the storm "came out of nowhere",[24] then moved through the area and led to the accident.[25][26] The day following the accident, Ride the Ducks announced that the Branson operation would be "closed for business" pending an investigation and out of respect for the victims' families;[27] the company also announced that it would pay for funeral and medical expenses for the passengers on board the boat.[28]

Stone Mountain Park near Atlanta, Georgia, suspended their duck boat rides the day after the accident.[29]

The boat was raised from the bottom of the lake by the US Coast Guard on July 23, 2018, after being examined and photographed by divers. Divers also recovered a recording device from the boat, about 80 feet (24 m) below the surface.[30]

A federal indictment against the boat's captain, Kenneth Scott McKee, was announced on November 8, 2018. McKee is charged with 17 counts of misconduct, negligence or inattention to duty by a ship's officer, resulting in death.[31] According to the indictment, McKee allegedly "failed to properly assess incoming severe weather both prior to and after entering the water" of the lake and he "entered the vessel onto the water while there was severe weather, including high winds and lightning approaching the area".[32] In June 2019, Curtis P. Lanham, general manager of Ride the Ducks Branson, and Charles V. Baltzell, operations supervisor who was acting as a manager on duty, were indicted by a federal grand jury for multiple felonies related to the accident. McKee was also subject to additional charges.[33] In September 2020, a federal magistrate judge recommended dismissing the criminal charges against the three men indicted, reasoning that "Table Rock Lake is not considered a navigable waterway under admiralty law", and the case should be handled at the state level.[34] In December 2020, the federal judge dismissed all the charges against the three employees, based upon his recommendation and reasoning in September.[35]

In November 2019, a safety recommendation report was issued by the National Transportation Safety Board (NTSB), stating that the "Coast Guard has repeatedly ignored safety recommendations that could have made tourist duck boats safer and potentially prevented" the Table Rock duck boat accident.[36] “These safety issues were identified almost 20 years prior to the sinking of the Stretch Duck 7 and remain relevant to this accident,” the report said.[36] The NTSB said in their report that because of the boats low freeboard and open interior, it makes the duck boats “vulnerable to rapid swamping and sinking” when they are suddenly flooded.[36] The safety report also found that a fixed canopy and closed side curtain impeded passenger escape and likely caused more deaths.[36]

Lawsuits

A federal lawsuit was filed on July 29, 2018, for US$100 million on behalf of two members of an Indiana family that lost nine people in the accident. The suit accuses Ride the Ducks of ignoring warnings that had been issued about the weather prior to the accident and continuing to use boats with design flaws that made them susceptible to sinking.[37] In March 2019, a confidential settlement was reached for relatives of the two members of the family from Indiana.[38][39]

An additional federal lawsuit was filed on September 4, 2018 by Tia Coleman, who was aboard the boat during the incident. Coleman's husband and three children were among those that drowned.[40]

In November 2018, a confidential settlement was reached with Ripley Entertainment on behalf of two daughters of a couple from Higginsville, Missouri. The couple was celebrating their 45th wedding anniversary when they died on the duck boat ride.[39]

As of November 2019, all but one lawsuit against Ripley Entertainment have been settled.[41]

See also

References
  1. Almasy, Steve; Marsh, Rene (July 27, 2018). "NTSB report: Captain of duck boat said he checked weather radar before departing". CNN.
  2. Herskovitz, Jon; Cherelus, Gina (July 22, 2018). "'Keep us in prayer' says woman who lost nine in Missouri boat tragedy". Reuters.
  3. Hay, Andrew (July 21, 2018). "Missouri duck boat captain told passengers not to don life jackets: survivor". Reuters.
  4. Laud, Georgina. "Missouri boat tragedy: 13 dead – What is a duck boat? Are they dangerous?". Express. Retrieved July 20, 2018.
  5. Pitofsky, Marina. "Branson duck boat accident: What exactly happened in Missouri tragedy". USA TODAY. Retrieved July 20, 2018.
  6. "Before 'mass casualty' incident near Branson, duck boats had history of fatalities". Springfield News-Leader. Retrieved July 20, 2018.
  7. "13 Dead In Boat Accident". cbsnews.com. May 1, 1999.
  8. "Branson Duck Boat Accident Stirs Memories of Lake Hamilton Tragedy". KARK. July 20, 2018. Retrieved July 20, 2018.
  9. "Board Meeting : Sinking of the U.S. Small Passenger Vessel Miss Majestic in Lake Hamilton, Hot Springs, Arkansas, on May 1, 1999". National Transportation Safety Board. April 2, 2002. Retrieved July 22, 2018.
  10. "Duck boat tragedy timeline: First weather alert issued 11:20 a.m. Thursday". Springfield News-Leader. Retrieved July 23, 2018.
  11. Joyce, Kathleen. "Missouri duck boat capsizes in lake amid violent storm; children among several dead". Fox News. Retrieved July 20, 2018.
  12. Ristau, Reece; Berman, Mark; Chiu, Allyson; Wax-Thibodeaux, Emily (July 21, 2018). "17 people killed when duck boat sinks during storm in Missouri, police say". Washington Post. Retrieved July 20, 2018.
  13. Hulsey, Joel. "Branson duck boat tragedy: 17 dead, all passengers accounted for". KSDK.com. Tegna, Inc. Retrieved July 20, 2018.
  14. "Branson duck boat accident: What exactly happened in Missouri tragedy". USA TODAY. Retrieved July 20, 2018.
  15. Hanna, Jason; Stapleton, Anne-Claire; Karimi, Faith; Baldacci, Marlena (July 20, 2018). "17 killed in Missouri duck boat sinking ranged in age from 1 to 70". CNN. Retrieved July 20, 2018.
  16. "NTSB looks at weather reports given to boat crew". www.ky3.com. Associated Press. July 21, 2018.
  17. Schwers, Kaitlyn; Muslic, Hana. "President Trump tweets about duck boat tragedy as Missouri leaders work with NTSB". The Kansas City Star. Retrieved July 20, 2018.
  18. Vockrodt, Steve; Thomas, Judy T. "Federal agency warned about danger of duck boat canopies before Table Rock tragedy". The Kansas City Star. Retrieved July 20, 2018.
  19. Jansen, Bart. "'Death traps': Federal officials have warned about dangers from duck boats for two decades". USA TODAY. Retrieved July 20, 2018.
  20. Canis, Bill (July 20, 2018). "Duck Boat Accident Highlights Gap in Regulation" (PDF). CRS Insight. Retrieved July 25, 2018.
  21. Quinn, Dave (July 21, 2018). "Duck Boat Survivor Says Captain Told Them 'Don't Worry About Grabbing the Life Jackets'". Yahoo.com. People.
  22. Bauer, Laura; Cummings, Ian; Alder, Eric; McKinley, Edward (July 20, 2018). "Weather Service issued warnings of excessive winds before duck boat sank, killing 17". Kansas City Star.
  23. Vockrodt, Steve (March 11, 2019). "Family members of victims from Branson duck boat disaster reach settlement". Kansas City Star.
  24. Riley, Claudette. "Owner of Branson duck boat company: 'It shouldn't have been in the water'". Springfield News-Leader. Retrieved July 20, 2018.
  25. "Death Toll Rises to 17 After Missouri Duck Boat Sinks in Severe Storm". The Weather Channel. Associated Press. Retrieved July 20, 2018.
  26. "17 Dead After Missouri Duck Boat Sinks in Severe Storm; 9 of the Dead from Same Family". The Weather Channel. Associated Press. Retrieved July 21, 2018.
  27. "bransonducks - Ride The Ducks Branson". Ride The Ducks Branson. Ripley Entertainment. Retrieved July 21, 2018.
  28. Barnett, Daniel (July 23, 2018). "Duck boat company to pay for funeral expenses, hospital bills for those involved in crash". KMOV. KCTV. Archived from the original on July 23, 2018. Retrieved July 23, 2018.
  29. Sharpe, Joshua (July 20, 2019). "Stone Mountain Park suspends duck boats after Missouri tragedy". The Atlanta Journal Constitution. Retrieved July 21, 2018.
  30. Ingber, Sasha (July 23, 2018). "Coast Guard Raises Duck Boat That Capsized In Missouri". NPR.org.
  31. "Grand jury indicts captain of Missouri tourist boat that sank and killed 17 people". KSDK. Associated Press. Retrieved November 8, 2018.
  32. Robinson, John (November 8, 2018). "Duck boat captain indicted: Grand jury cites negligence, misconduct in Table Rock Lake tragedy". Branson Tri-Lakes News.
  33. The United States Attorney’s Office, Western District of Missour. "Two More Ripley Employees Indicted for Misconduct, Negligence Resulting in 17 Deaths at Table Rock Lake". justice.gov. Retrieved June 22, 2019.
  34. Schneider, Joey (September 5, 2020). "Federal judge recommends dismissal of criminal charges in Duck Boat case". KY3. Archived from the original on September 6, 2020.
  35. "Judge dismisses criminal counts in Table Rock Lake duck boat deaths". KY3. Springfield, MO. Associated Press. December 3, 2020. Archived from the original on December 4, 2020.
  36. "NTSB: Coast Guard ignored duck boat safety proposals". KY3. November 13, 2019. Archived from the original on November 14, 2019. Retrieved November 14, 2019 – via Associated Press.
  37. "$100M lawsuit filed on behalf of Branson duck boat victims". KSDK. Retrieved July 30, 2018.
  38. Sain, Cliff (March 12, 2019). "Settlement reached for pair of duck vehicle victims". Branson Tri Lakes News.
  39. Vockrodt, Steve (March 11, 2019). "Family members of victims from Branson duck boat disaster reach settlement". The Kansas City Star.
  40. "Indiana woman who lost family on duck boat files lawsuit". FOX2now.com. September 4, 2018. Retrieved September 5, 2018.
  41. "Ripley reaches settlements in all but one of Branson duck boat lawsuits". KOLR - OzarksFirst.com. November 27, 2019. Retrieved November 28, 2019.
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