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A passenger of a whale watching cruise is suing after she claims it was operated in a negligent manner. The whale watching lawsuit was lodged against the operators of the Saint Andrews, New Brunswick-based Island Quest tour boat.
The plaintiff, Alisha McGinn, claims that the operator of the tour boat was going too fast during a trip that took place in September of 2015. The tour boat collided with rocks and as a result, the boat took on water and had to be diverted to another island. Passengers got off the boat and water had to be pumped off of the damaged vessel.
Alisha says that when the boat struck the rocks, she was violently thrown into a lifeboat then on to the deck. She says she suffered physical and mental injuries. The whale watching lawsuit is seeking compensation for the plaintiff for pain and suffering and loss of future earnings.
In response, a lawyer for the tour company says that the boat operator was not acting negligently at the time of the incident. He says that the incident was an accident. In addition, the lawyer claims that the damages alleged by the plaintiff are not connected to the boat crash. Further, the lawyer claims that passengers, like the plaintiff, agreed to waive liability of the tour operator when they purchased boat tickets.
According to the CBC, the tour boat is a popular whale watching vessel that runs tours out of St. Andrews, New Brunswick. At the time of the accident, the Island Quest could carry up to 47 people.
The boat did not sink as a result of the incident, according to a report by the CBC, and all passengers disembarked safely. Volunteer firefighters pumped water out of the boat and patched a hole before it was returned to the mainland.
This is not the first, nor the most severe whale watching boat incident in the area. The CBC reports that, in that same year, another whale watching boat capsized. As a result of that incident, 18 of the 27 passengers went to the hospital. Five died and one remained missing for a time.
St. Andrews, located in New Brunswick, Canada, is known for whale watching experiences, as well as a well-preserved colonial town. Whale watching is one of the most popular tourist activities, according to travel experts, due to its proximity to the Bay of Fundy. The tides in the bay are some of the highest in the world, creating an ideal feeding ground for whales.
What do you think about the whale watching lawsuit? Do you think it’s fair for the tour boat company to waive its liability through purchased tickets? Tell us your thoughts in the comments below!
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