Crew member files suit in California boat fire
LOS ANGELES — A crew member who was aboard the Conception when it caught fire and sank on Labor Day, killing 34 people, is suing the dive boat’s owners.
Ryan Sims alleges in a lawsuit filed Sept. 12 that the Conception’s owners were negligent in their failure to properly train crew members, give adequate safety and medical equipment and provide safety rules, among other claims.
According to the lawsuit, Sims was awakened by loud noises and realized a fire had broken out on the boat and was spreading fast. In an effort to escape the fire, Sims jumped from the top deck, breaking his leg in three places and injuring his back and neck, the lawsuit said.
The lawsuit lists Truth Aquatics Inc., Worldwide Diving Adventures and the Conception’s owner, Glen Fritzler, as defendants, according to records from Ventura County Superior Court. Sims is seeking punitive damages as well as attorney fees and medical costs from his injuries.
The suit signals the beginning of a potentially long legal battle for the owners of Conception, who have already taken steps to protect themselves from liability.
Less than a week after the inferno, attorneys for Fritzler and his wife, Dana, filed a petition citing the Limitation of Liability Act of 1851, asking a judge to eliminate their financial liability or lower it to an amount equal to the post-fire value of the boat, or $0.
The body of the 34th victim had not yet been recovered when the Fritzlers filed their motion.
In a now-deleted statement posted on the Truth Aquatics’ Instagram page, the company said the legal step was “another unfortunate side of these tragedies.”
“When something like this happens, insurance companies and numerous stakeholders convene and activate a legal checklist. The timing is on them. Our hearts and minds are on the tragedy and finding answers.”
Sims was one of five crew members asleep on the deck of the Conception at the time. According to a preliminary NTSB report, one crew member was awakened by a noise and saw fire rising from the salon compartment below.
He alerted the other crew members, and they attempted to reach the passengers sleeping in the bunkroom below deck. They were unable to use a ladder, which was on fire, so they jumped down to the main deck. Sims broke his leg in the process.
Unable to reach the lower part of the boat that was engulfed in flames, the crew jumped overboard. The survivors made their way to a nearby vessel, the Grape Escape, to call for help. After raising the alarm, some of the crew returned to the Conception to look for survivors, but none were found.
Video of the moments after the crew’s rescue shows a man, presumed to be Sims, screaming in agony as paramedics move his leg.
The Times has reached out to attorneys for Truth Aquatics and Sims.
Legal experts have said owners of boats in which people are hurt or killed succeed about half the time in winning court rulings.
Tulane University maritime law professor Martin J. Davies said the 1851 could shield Conception’s owners from significant damages. The result would depend on whether the Fritzlers can prove they had no knowledge of the problem that caused the disaster.
Last week, officials raised the remains of the Conception from the seafloor. The NTSB is continuing its investigation into what caused the fire.