California Couple Sues Maui-Based Catamaran Tour Company for Emotional Distress After Being Abandoned at Sea

A couple from Alameda County, California has filed a lawsuit against a catamaran tour company based in Maui, alleging that they were abandoned in the open ocean during a snorkeling excursion and forced to swim back to shore by themselves. Elizabeth Webster and Alexander Burckle, experienced snorkelers who have visited Hawaii before, booked the Lanai Coast Snorkel excursion from Sail Maui on September 23, 2021, as part of their honeymoon trip to Maui.

The couple is suing the tour company for $5 million for emotional damages caused by swimming back to shore in rough waters. According to their attorney, Jared Washkowitz, the emotional distress of not knowing if they would survive the experience was overwhelming, and it was made worse by the fact that they were newlyweds. The couple has also suffered from physical symptoms of anxiety and is undergoing psychological treatment to cope with the trauma.

The lawsuit alleges that at the first snorkeling site, the captain briefed passengers on safety precautions but failed to mention snorkeling boundaries or a specific return time. After about an hour of snorkeling, the waters became more turbulent and choppy, and the couple started swimming back to the boat. After about 15 minutes of aggressive swimming, they noticed that the boat was moving further away and concluded that it had left without them. The couple began signaling distress and calling for help, but no one responded.

According to the lawsuit, another passenger noticed that the couple was further out to sea than she was, but the crew told her that the headcount was correct. The crew did three headcounts, with the initial two headcounts showing 42 out of the 44 passengers present, but the last headcount reported all 44 guests were accounted for. The couple's attorney alleges that the boat was disorganized, and people were moving around while they were counting.

Since the couple was pursuing the boat heading to a second stop, they were being led out to deeper ocean. The lawsuit says that the couple estimated they were in 6-8 foot rolling surf with no other boats around. They feared drowning was imminent and realized that the vessel had left them and was not coming back for them. They decided that their only option for survival was to return to shore, which was about half a mile away. Once there, the couple was fatigued, dehydrated, and had cuts from the reef.

Eventually, they flagged down a local couple in a truck and used their cell phone to call Sail Maui, but the company was unaware that anyone was missing from the charter. Sail Maui set up arrangements for the couple from Lanai to Maui via ferry and met them at the harbor on Maui. A Coast Guard investigation into Sail Maui cited the company with negligence, and the company now makes vocal contact with each listed passenger before departing.

The court's initial hearing of the complaint is set for April 24. The couple is seeking justice for the traumatic experience they had to endure and wants tour companies to be held accountable for the safety of their passengers.