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Proposed class action litigation claim against the Leviathan II

On Oct. 25, 2015, a group of whale enthusiasts boarded the Leviathan II whale-watching vessel of Canada intent on observing nature in all its glory. Unfortunately, the excursion ended in tragedy when the vessel capsized, killing six people and injuring several others.

In response to this tragic accident, the Rochon Genova law firm has filed a notice proposing a class action lawsuit on behalf of those who survived the capsizing and subsequent sinking of the Leviathan II. The class action litigation documents allege that the Leviathan II was unfit to navigate the ocean conditions on the day of the accident. Further, the suit contends that the captain and the owner of the vessel knew that the trip would place their passengers in the path of danger.

Survivors of the sea accident suffered numerous physical and psychological injuries as a result of the incident. Specifically, two brothers named as plaintiffs in the suit suffer from post-traumatic stress disorder after witnessing the death of other passengers and fearing their own deaths. The brothers also suffered a variety of non-life threatening physical injuries, according to news articles released shortly after the accident.

The plaintiffs claim that the caption of the vessel never told the passengers to wear flotation devices despite the presence of high waves. Reportedly, the crew of the vessel also did not provide a safe evacuation plan allowing the passengers to escape.

Entities that provide services to the public have a duty to protect them from reasonable harm. This includes the owner of a retail store just as much as the owner of a sea vessel. When these entities fail to care for those in their charge, the victims can often find satisfaction by working through the Canadian legal system.

Source: Rochon Genova LLP, "Leviathan II," accessed Sep. 14, 2016

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