On behalf of The Frickey Law Firm, posted on Thursday, June 27, 2013.
Normally, the Fourth of July is a day of celebration. But last year on that day, a 15-year-old boy was swept out to sea and was never seen again. The teenager was on a kayaking trip in Hawaii with Bold Earth Teen Adventures, a company based in Jefferson County, Colorado. Sometime after the teen’s unexpected disappearance, his parents filed a wrongful death suit against the touring company. According to the claim, the tour guides that worked for the company were negligent and responsible for the teen’s death.
Those guides had allegedly led teens to a dangerous area outside of a state-permitted area. According to reports, the group was hiking near the Captain Cook monument when they decided to rest near a tide pool. Massive waves trapped the teen and washed him away. After the suit was filed, Bold Earth Teen Adventures asked that the case be dismissed because of a clause in its release form indicating that any claim must be filed in Jefferson County, Colorado. The judge ruled against this petition, likely due to the fact that there are 43 witnesses based in Hawaii. Some of these witnesses include government officials, emergency responders, tour operators and search-and-rescue personnel.
Many families have found themselves in mourning after an unexpected event such as this. It seems likely that the company in this case is afraid that it will be found negligent, considering the amount of effort that has been used trying to get the case moved to Colorado. An attorney for the family said the only connection that this case has to Colorado is that the company is supposedly based there, nothing more. If you have lost a loved one without warning and believe there is a responsible party or parties like the family in this case, reach out to a legal professional in order to discuss what your next steps could be.