Owners Blamed in Concepcion Boat Fire Tragedy
In September of 2019, we all saw the news of the horrific tragedy involving the Concepcion boat sinking off the coast of Santa Barbara. At the time, we discussed the legal issues related to the case here. The Concepcion boat fire tragedy is one of the worst maritime disasters in recent history.
The case is still in litigation in Los Angeles federal court, and it will be for some time. In October, the NTSB issued a preliminary report in the tragic boat fire that claimed the lives of 34 souls.
The report does not look good for Truth Aquatics, the owner of the Concepcion.
The NTSB blames Truth Aquatics for failing to post a roving night watchman on the marine vessel. Apparently, this is a maritime law requirement for ships that are docked overnight at sea. NTSB also faults the Coast Guard with failing to enforce the watchman requirement.
The NTSB says its preliminary investigation concluded that most of those who perished succumbed to smoke inhalation. The Concepcion sunk as a result of the fire, and it had to be raised out of about 60 feet of water. As a result of the sinking, it was not determined what caused the fire. Criminal charges may be forthcoming in the case too. As one NTSB investigator put it, “I hate the term accident, because. . .it is not an accident if you fail to operate your company safely.”
This case illustrates the important element of what the law calls “negligence per se.” If maritime law requires vessels docked at sea to have a crew member roving and patrolling the ship at night for safety reasons, and Concepcion failed to enforce this requirement, it could be strong evidence that Truth Aquatics was negligent in this case. Negligence per se is when a statute or law is violated, and the violation of that law can be conclusive proof of negligence. It has strong evidentiary value.
Negligence per se also comes up in many motor vehicle negligence cases. For example, if a driver is speeding and rear-ends another vehicle, a police officer citing the speeding driver would point to the Vehicle Code section that requires motorists to maintain a safe speed. Failing to maintain a safe speed as required by the Vehicle Code can thus be conclusive proof that the speeding motorist was negligent.
We will continue to monitor the developments in the investigation related to the Concepcion boat fire. In the meantime, if you have questions related to a negligence case in Los Angeles or Orange County, whether it’s a motor vehicle or other negligent per se issue, the Rabbi Lawyer is ready to assist, 24/6.
