Public Mediation

big island lava boat tours-Dispute-#3642088

J. L. vs. Big Island Lava Boat Tours
121 Banyan Drive, Hilo, Hawaii, 96720, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 3642088
    • Amount Involved: N/A
    • Filed On: Dec 17, 2012
    • Posted On: Dec 28, 2012
    • Complaint(s):
      • Bad business practices
      • Contract / Agreement / Promise dispute
      • Customer service runarounds
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"Sidney Love VS. Big Island Lava Boats

James and Sidney Love signed up for a 5:30AM Lava Boat Tour on December 12th 2012 with Big Island Lava Boat tours. The captain’s name is Melvin B. (808-557-4440) and the name of the boat is The Mahana. James and Sidney, along with one other passenger (female), boarded the boat in the dark and were instructed to sit on thin cushions that were placed upon an unsecured hatch covers. There were no safety restraints or handles to hold onto. The edge of the boat, where James and Sidney were sitting, was low (close to the water). James was instructed to sit on the portside of the boat while the other two passengers, including Sidney, were instructed to sit on the starboard side.
The boat captain started out of the boat landing cove at 5:35AM. The boat hit two waves without any issue. When the boat hit the third wave, it became airborne and seemed to drop more than six feet. During the ascent of the boat the passengers also became airborne as they reached for something to hold onto. The only thing the passengers could possibly grab to keep them from being thrown overboard was the hatch cover in which they were sitting on. As the boat descended and hit the water, the passengers dropped and Sidney’s fingers were smashed between the hatch cover and hatch frame, along with the other female passengers’ fingers. James then heard cries of pain from the two female passengers.
The boat captain turned the boat around and returned to the dock. The passengers got off the boat and went into the parking lot where there was enough light to see the injured passengers’ hands. Sidney’s third and fourth fingers on her left hand had been crushed and were bleeding severely.
An ambulance was called at 5:52AM, and the injured passengers had to sit and wait for about 45 minutes to one hour. Sidney was transported to the hospital in Hilo, about an hour’s drive. While waiting for the ambulance James asked the boat captain for the first aid kit. The captain did not have a first aid kid on the boat. James later asked the boat captain for his insurance information. The captain did not have any insurance; he claimed that it had been canceled.
James followed his wife, Sidney, to the hospital where she found out that in addition to the deep lacerations which required stitches, her third and fourth fingers had been broken. Since the accident, as of 12/17/12, Sidney has seen three physicians and is told that she will be in pain for at least 2 more months. On top of all the pain, Sidney’s wedding ring, which is priceless and irreplaceable, had to be cut off.
On 12/16/12, James attempted to call Greg Nottingham, founder and president of Big Island Lava Boat Tours, he had disconnected his cell phone. James then found another contact number on his web site (808-333-4016) and left a message. Greg Nottingham finally returned James’ call and stated that he, like the boat captain did not have any insurance and assumes no responsibility for the injury of the passengers."
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What Claimant Wants Hide
1. Monetary items with amounts to be determined: medical expenses Jan 01, 2013 TBD*
2. Monetary items with amounts to be determined: air line ticket change fees Jan 01, 2013 TBD*
3. Monetary items with amounts to be determined: auto drop off change fees Jan 01, 2013 TBD*
4. Monetary items with amounts to be determined: home medical supplies Jan 01, 2013 TBD*
5. Monetary items with amounts to be determined: transportation and parking Jan 01, 2013 TBD*
6. Monetary items with amounts to be determined: wedding band replacement Jan 01, 2013 TBD*
7. Monetary items with amounts to be determined: pain and suffering Jan 01, 2013 TBD*
8. Other – Pay for claim posting cost Jan 01, 2013 $7.99
Cash total : $7.99*
*Amount shown is not final: total will increase when pending amount(s) are known and entered.
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Respondent's Counteroffer

There has been no response to this claim from Big Island Lava Boat Tours. This claim will remain posted until resolved
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  • Comment: by Jennifer Sheehy — Online mediator
    • On: 01-05-2013
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  • In addition to what Sarah has already suggested, I’m making the assumption that this was part of a vacation that you were on that you took the boat tour? If so, perhaps one of the parties or companies that you booked this vacation through could be of assistance (for example, travel agent, hotels, booking companies, etc.). They may have more information available to you about regulations, and other agencies you could potentially contact for some remedies in this situation.
  • Comment: by Sarah Baxa — Online mediator
    • On: 01-01-2013
    View more
  • I have checked their website and there is little information regarding insurance, safety, inspections, etc... Did you sign anything when you arrived? If so, please read it carefully as you may have signed an indemnification clause. If not, I would reach out to Mr. Nottingham by phone and certified mail outlining the situation as you did above and spelling out exactly what you expect from him and his company. The state of Hawaii and the US Coast Guard most likely have regulations for all marine vessels to have safety equipment as well as insurance. Ask Mr. Nottingham to work with you to resolve this issue so you can be justly compensated but so that he is properly insured and has the safety equipment necessary to continue his business.
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