Rochon Genova LLP has commenced a proposed class action on behalf of all passengers who were aboard the Leviathan II whale-watching vessel when it capsized and sank off Tofino, British Columbia on October 25, 2015, causing the deaths of six passengers and physical and psychological injuries to the survivors. The proposed representative plaintiffs Christian and Dirk Barchfeld both survived their ordeal, but continue to struggle with on-going physical and psychological injuries.
The action alleges that the vessel itself was not fit for the conditions on the water that day, in that location, and that both the owner and skipper of the Leviathan II should have known that the area where the ship capsized was notorious for its potentially treacherous conditions, and that visiting this area placed the passengers at undue risk.
Vincent Genova, a partner at Rochon Genova LLP, stated: "This was a completely avoidable tragedy. The passengers on this ship who have suffered tremendous losses did not sign up for a dangerous activity; they expected a pleasant cruise to view wildlife, but not at any cost and certainly not at risk of life and limb. We believe that the evidence will demonstrate that the vessel itself was not fit for the conditions on the water that day, in that location, and that both the owner and skipper should have known that they were placing their passengers at a risk that was not reasonable. Had it not been for the quick actions of members of the Ahousaht First Nation who came to the rescue of the passengers, no doubt there would have been a far worse loss of life".
The allegations raised in the claim have not yet been proven in court. Proposed class members are represented by Rochon Genova LLP.
To view the Notice of Civil Action, click here:
For some recent news reports regarding the tragedy and the claim, see the following links:
If you were a passenger on the Leviathan II on October 25, 2015 and/or wish to obtain more information about this lawsuit, please contact Vincent Genova at 416-363-1867 or toll-free: 1-866-881-2292, [email protected]