A Hawaii tourism company is being sued for $5 million after a couple claims they were left stranded in the ocean during one of the company’s snorkeling trips.
Alexander Burckle and Elizabeth Webster booked the trip with the Maui Sail Company to Lanai, a small island near Maui, in September 2021 for their honeymoon.
During the 10 a.m. expedition from Maui’s Lahaina Harbor with 42 other passengers, who had been told they would anchor the boat in one spot while they snorkelled, they headed out into the ocean.
The couple faced rough waters that were becoming “choppy” and were unable to make any progress towards the boat and saw it eventually abandon them as they called for help.
“They feared drowning was imminent,” the couple claimed in their lawsuit against Maui Sail.
Alexander Burckle and Elizabeth Webster (pictured) booked the trip with the Maui Sail Company for Lanai, a small island near Maui, in September 2021
The pair desperately tried to stay afloat, but their efforts landed them in even deeper and more turbulent waters.
The lawsuit alleges that they faced waves up to eight feet high and realized that swimming to the island, something tour guides had advised against, was their only way to survive.
They “were starting to panic and struggle to swim in the ocean conditions,” they added in the lawsuit.
Fortunately, the couple were able to make it ashore on the island of Lanai but were in poor condition, claiming in the lawsuit that they were “fatigued and dehydrated.”
They resorted to some traditional methods of calling attention to a rescue, including writing ‘SOS’ and ‘HELP’ in the sand on the island.
They were later found by local Lanai residents, identified as RJ and Shra Sanches, and given water and the use of phones.
The lawsuit argues that when Webster contacted Sail Maui around 1:15 p.
m., three hours after they went missing, they admitted they didn’t notice anyone missing from the tour.
They said the first officer did three counts and twice said they were short two people for the 44 guests before counting a third time and incorrectly saying all 44 were on board.
Their attorney, Jared Washkowitz, also claims they were given no limits and did not identify a lifeguard or any kind of system for tourists to help each other.
Fortunately, the couple were able to make it ashore on the island of Lanai but were in poor condition, claiming in the lawsuit that they were “fatigued and dehydrated.”
Sail Maui is being sued for $5 million because a couple claims they were left stranded in the ocean during one of the company’s snorkeling packages.
Jessica Herbert, a fellow passenger on that cruise, told Good Morning America that the staff assured guests that “everyone was on board.”
“Still, we start to take off, no one looks behind them,” Herbert added.
He claimed that the crew had not forced everyone to stay in place and were allowed to count people moving below deck.
Their attorney, Jared Washkowitz, also claims they were given no limits and did not identify a lifeguard or any kind of system for tourists to help each other.
Jessica Herbert, a fellow passenger on that cruise, told Good Morning America that the staff assured guests that “everyone was in.”
The lawsuit alleges that Sailing Maui left them facing waves up to eight feet high and they realized that swimming to the island, something tour guides had advised against, was their only way to survive.
“It can be really rough waters even for people who have ocean experience, let alone visitors who may not have ocean experience at all, or especially no Hawaiian water experience,” he said.
The complaint says that a Coast Guard investigation into the incident found negligence on the part of the captain, and that the company has since revised its procedures to require verbal contact with each passenger, according to BuzzFeed.
“They spent a lot of time in the water and if they were not young, healthy and athletic people, they probably would have drowned,” the lawyer added.