44 thoughts on “Do You Trust Any Hawaii Tour After Ocean Stranding Lawsuit?”
Ernie S.
If the company had done its Due Diligence this would not have happened. I wouldn’t be rushing out to pay a company to take me snorkeling or scuba diving any time soon, I am already paying an arm and a leg to be in Hawaii for vacation, I don’t want it to cost me the rest of my body. A Rating is only as good until there’s a mistake, then the Rating takes a hit. I just don’t want to be that hit!
Ernie, maybe snorkeling with just only one arm and leg isn’t the safest thing for you anyway. Safer for you to stay at the bar for pupus and mai tais! Just sayin’…
Please post an update after this case settles in court. Thanks for writing about this very interesting (and pretty shocking) incident. We cannot imagine being left behind in the ocean by a tour company!
We have been doing these type of tours for years and they always give specific instructions on how far away from the boat you’re supposed to go, and not to exceed that distance. Always seems that there are people who don’t obey the rules and go out on their own “adventure”. Now this tour company is going to pay the price.
While this may have been traumatic to this couple, they were fortunate to have been so close to shore. I’m an experienced swimmer who just swam a half mile in somewhat rough waters this morning off the downtown Kona pier. I estimated the mild swells to be 2 to 3 feet. There were occasional whitecaps. It wasn’t too bad. I am 75 and only swim with goggles unlike this younger couple who had fins with masks ands snorkels. I can’t imagine their water was any rougher than that. But ultimately the Captain and crew we’re responsible for being sure everyone should have returned to dock. After the accident in Australia when I dove the Great Barrier Reef in 2015 there, the captain had several diver counts on the boat.
I find it very interesting that “some people” would find defensive positions to justify leaving 2 people stranded in the ocean, would they say the same thing if it were them? Thankfully they made it to shore and eventually to where they were going, kind words for the deeds of strangers! Hopefully nothing like this will ever happen again, in reality all that it takes is a distraction or desire to be back quicker and then it happens again.
Amazed at the brash comments by many who do not have all the facts. Why not wait for the court case to settle before you decide the company is 100% at fault? Ever been on a cruise? Ever heard of a jet leaving without every passenger?
Sure there was negligence. But it’s about the insane damages the couple is seeking as aforementioned earlier.
When a jet crashes and everyone is killed and the pilots are found guilty of negligence. Do the entire airline and all its employees get fired? Of course not. Rather than judging the entire company based on preliminary info, let’s all
take a breather and wait to see what is revealed in court. Yes, we all have opinions. But let’s not reach a conclusion we cannot validate legally.
Your attempt to equate airline passengers missing their flight to tourists left behind by their boat to tread water half a mile from shore is, frankly, very disturbing.
I’m not being critical, but I suspect the couple strayed way too far from the boat. I believe that not only is the couple to blame for not being responsible in staying within close proximity to the boat, especially when they claim they’re experienced at snorkeling in the open seas, but also that the cruise operators failed to properly do an accurate head count. Both sides are to blame but asking for $5,000,000 is an outrageous demand. We’re all responsible for our own actions!
I don’t care how many 5-star reviews any business gets, this is absolute gross negligence. It only takes one bad experience to ruin a reputation and/or put you out of business. Had the couple drowned, this lawsuit would be huge. These companies charge a great deal of money and are expected to provide a fun and safe experience. Lifeguarding is one of the most boring jobs there is, but it is critical to be alert and do your job. I hope there are fines involved in this as well as a large reward in the civil suit.
As a resident of Maui I can only say it is sad this happened. But the delay by the couple and going public only with an attorney, and before the court case is all a typical attorney approach to create negativity toward the accused company. In this case Sail Maui. This is an obvious money grab. No physical injuries and no way to prove 5 million in mental anguish.
This couple being good swimmers were far from the other snorkelers and things happened. To attempt to ruin a great company with this drummed-up mental anguish from a healthy young couple is deplorable.
The couple deserves maybe their whole trip to Maui to be paid or free sails in the future etc. But 5 million is an absurd and obvious liability insurance grab pushed by the attorney.
Truth be told, most visitors are amazing, but then there’s always that one or two that just won’t listen.
I have been on countless boat tours here on Kaua’i and there are always those ones that drift off or intentionally go where they are not supposed to go because they think they know better After They Have Been Warned.
I think they’re totally full of it and I hope our beautiful state doesn’t lose a great company like SAIL MAUI. I haven’t been on their tour but I’m going to go now after seeing all of their ratings. Their ratings are not bought or by accident. It takes years and years to build up a reputation like that. I hope those people learned their lesson. GO SAIL MAUI!
Aloha Jack 😉
Because I know the blood sweat and tears it takes to build a stellar reputation in our beautiful islands in the service-tourism industry. I also have witnessed cognitive dissonance with my own eyes more times than you can imagine. I am sick and tired of the lack of responsibility that we must start to take for ourselves that we have placed on others over the last 20-30 years of playing the victim. It’s not just this boat company or any tour or anything in particular. It’s happening everywhere with everything. There are some really great books out on Insurance scam and where it fits in our society, pretty sad. My very best to you.
Regardless of how “careless” passengers are, the crew has a duty to ensure their safety. They are supposed to monitor the snorkelers and do an accurate count. 2 counts came up short and one bot. That warrants re-counts and roll calls. You can’t just abandon people because they don’t stick to your standards.
90% of these tours are done with shoddy safety standards. I worked for one for years. Why people keep blaming the tourists for being tourists is the most american thing i can think of. The snorkel crew should be doing jail for negligence.
The captain and crew are fully responsible for the safety of their passengers. Period.
To call this a ‘mistake’ or a ‘screw up’ is inaccurate. This is negligence; they are being taken to task in court and in my estimate, wind up paying out a large settlement.
Their passengers could have died.
Unfortunately, even if Sail Maui is wiped out due to costs and adverse publicity, they’ll just declare bankruptcy, repaint the boats and start a new company.
We must start taking responsibility for ourselves. So strange these perspectives. Like living on another planet. So over the victim mode. It’s sickening.
For a mistake of this magnitude the company should be glad the couple isn’t seeking more!! I would think that the no. 1 consideration would be not to leave anybody behind. How difficult is counting the number of people in your care and then making sure everyone is accounted for?!!!
Stuff happens. If it had happened to me, I would not survive. Not a strong swimmer. :0( But, clearly a scary and unfortunate episode for all. Thankfully both survived. Death might warrant $5 million. Not sure being scared half to death is worth that much – but definitely worth something. I have been injured in auto accidents twice in years past and never got a dime. Wrong attorney, I guess. :0(
PS: We did a snorkel tour in MX some years ago and everyone, even a 6 year old, swam off and left us near the boat. We had never snorkeled before. We just climbed back onto the boat and waited until everyone else had their fun and came back. What can I say? At least they left us near the boat. :0)
Aloha. Thanks for chiming in on this situation. In October of 2019, my friend and I were actually left in the water following 2 “correct” head counts and 1 “correct” equipment count by Gemini Sailing Charters-Maui. They, too, have excellent reviews. Excellent reviews don’t mean diddly squat if you’re the ones left in the water. We contacted the Harbormaster and filed an incident report with the USCG Maui. We were not given the details of the outcome of the investigation except that “new safety rules were put into effect”. Looks like the new rules didn’t work or maybe it was lip service and $$ matters more than safety.
To accidentally abandon anyone on an ocean snorkeling trip is nothing less than gross incompetence.
I work in surgery. For the past 20 years, it’s been a national US standard to do a “Time Out” before starting: confirm patient’s full name, date of birth, what are we doing, and is it the right or left side procedure. The tourist industry has got to get it’s act together, and do a similar mandatory “Time Out” (everyone stop and listen and confirm the full names of everyone on board) both before and at the end of every tour. People’s lives are in the hands of these tour companies and they must be held responsible. They are presumably insured, so I hope that this couple gets every dime of what they are asking for.
Something is fishy here, and it isn’t the reef dwellers. Every snorkel/dive boat I’ve been on have a roll call to board the boat in the morning (boarding limited to those who paid), and a roll call every time the boat moves. The rule is you only answer for yourself. Pretty much fool proof procedure. Also, the alleged incident occurred in September 2021 – that’s a pretty big delay if it was such a bad experience.
I, too, have found the catamaran snorkel tours I have been on take multiple roll calls by name. And don’t move until each party has been confirmed.
They also have “life guards” in the water to keep people within acceptable range.
On Maui – Alii Nui and Trilogy have consistently demonstrated safety practices.
I’ve been on dozens of snorkeling trips and while they do a head count, there’s never been a roll call. One time we Al ost left a young teen behind because he got back in the water after he got on the boat and was already counted. If he hadn’t been with his family, he might have been left behind.
I’m going to guess that the amount of the lawsuit is based on Sail Maui’s liability coverage limits.
Yes, they screwed up.
But did they screw up $5M worth? Unlikely.
We have sailed with Sail Maui 8-10 times and absolutely love this company and the boat. I feel badly for this couple. We have never experienced anything but amazing service and a beautiful time. We have another trip soon.
I still have after effects of the stranding a friend and I experienced in Maui with a different “reputable and highly regarded” charter sailing company. Until it happens to you, you will probably continue to think they are a wonderful company. Saul Maui did not even follow the protocols for headcount. $$ ahead of safety. “This has never happened before” wouldn’t mean much if it were you being left in the water.
Yes, a mistake was made but not a 5 million dollar one! I’m afraid what will happen if they are awarded that much based on nothing physical but “emotional trauma”.
I count stuff for a living (I’m a statistican). If the first two counts showed -2 people and the third count shows all present, you count a fourth time. How hard is it to ask everyone to stay where they are for a couple minutes while the crew takes a headcount? Not doing so is negligence in my book.
An unfortunate single and clearly completely unintentional incident is not sufficient to make claims that Sail Maui (or any other tour company) is unsafe, grossly negligent and should be avoided at all costs.
Without knowing any facts or details, I’m fairly certain Sail Mail owners are horrified this happened. But events such as this ocean stranding are why companies carrying insurance, and why individuals are allowed to file lawsuits.
In the medical industry, specifically as it pertains to hospitals, there are certain untoward events that occur that are labeled as “Never Events.“. That means that they should never be accepted, no matter how rare they are, and they should be catalysts for implementing prompt and significant change to policies and procedures. For Sail Maui, leaving two tourist behind in the open ocean is definitely a “never event.”
Sounds like the crew made a huge mistake, and mistakes happen. That being said, when two persons lives are at stake, it becomes negligence. Even if the couple swam outside any kind of boundary, that’s no excuse to leave them to die. Sail Maui will be paying big time for this “mistake”.
I read about this in the national press, and no matter how I dissect it, the tour company was ultimately responsible. Relying on a “headcount” system is absurd. It’s much too prone to human error. There are better systems. For example, attaching an identification tag to each participant’s wrist with a zip tie. At the end of the dive, the tags are removed and returned to the crew. If an ID tag is missing then a passenger is missing. It’s that simple. I’m willing to bet that Sail Maui will now adopt a similar system.
Instead of a head count just simply call out everyone’s names geez !!! I could only imagine how scary that would have been . Thank Goodness there were no sharks around 🙏
If the company had done its Due Diligence this would not have happened. I wouldn’t be rushing out to pay a company to take me snorkeling or scuba diving any time soon, I am already paying an arm and a leg to be in Hawaii for vacation, I don’t want it to cost me the rest of my body. A Rating is only as good until there’s a mistake, then the Rating takes a hit. I just don’t want to be that hit!
Ernie, maybe snorkeling with just only one arm and leg isn’t the safest thing for you anyway. Safer for you to stay at the bar for pupus and mai tais! Just sayin’…
Aloha BOH,
Please post an update after this case settles in court. Thanks for writing about this very interesting (and pretty shocking) incident. We cannot imagine being left behind in the ocean by a tour company!
We have been doing these type of tours for years and they always give specific instructions on how far away from the boat you’re supposed to go, and not to exceed that distance. Always seems that there are people who don’t obey the rules and go out on their own “adventure”. Now this tour company is going to pay the price.
And they should pay the price. One does not abandon two human beings in open ocean a half mile offshore because they didn’t follow the “rules.”
While this may have been traumatic to this couple, they were fortunate to have been so close to shore. I’m an experienced swimmer who just swam a half mile in somewhat rough waters this morning off the downtown Kona pier. I estimated the mild swells to be 2 to 3 feet. There were occasional whitecaps. It wasn’t too bad. I am 75 and only swim with goggles unlike this younger couple who had fins with masks ands snorkels. I can’t imagine their water was any rougher than that. But ultimately the Captain and crew we’re responsible for being sure everyone should have returned to dock. After the accident in Australia when I dove the Great Barrier Reef in 2015 there, the captain had several diver counts on the boat.
I find it very interesting that “some people” would find defensive positions to justify leaving 2 people stranded in the ocean, would they say the same thing if it were them? Thankfully they made it to shore and eventually to where they were going, kind words for the deeds of strangers! Hopefully nothing like this will ever happen again, in reality all that it takes is a distraction or desire to be back quicker and then it happens again.
Amazed at the brash comments by many who do not have all the facts. Why not wait for the court case to settle before you decide the company is 100% at fault? Ever been on a cruise? Ever heard of a jet leaving without every passenger?
Sure there was negligence. But it’s about the insane damages the couple is seeking as aforementioned earlier.
When a jet crashes and everyone is killed and the pilots are found guilty of negligence. Do the entire airline and all its employees get fired? Of course not. Rather than judging the entire company based on preliminary info, let’s all
take a breather and wait to see what is revealed in court. Yes, we all have opinions. But let’s not reach a conclusion we cannot validate legally.
Your attempt to equate airline passengers missing their flight to tourists left behind by their boat to tread water half a mile from shore is, frankly, very disturbing.
100%
5000 perfect ratings doens’t mean anything if you nearly killed 2 due to negligence. Wouldn’t touch this company with a 100 mile pole.
I’m not being critical, but I suspect the couple strayed way too far from the boat. I believe that not only is the couple to blame for not being responsible in staying within close proximity to the boat, especially when they claim they’re experienced at snorkeling in the open seas, but also that the cruise operators failed to properly do an accurate head count. Both sides are to blame but asking for $5,000,000 is an outrageous demand. We’re all responsible for our own actions!
Nope nope nope. If you went out with 44 bodies, you don’t leave until you come back with 44. This is zero percent on the tourists.
I don’t care how many 5-star reviews any business gets, this is absolute gross negligence. It only takes one bad experience to ruin a reputation and/or put you out of business. Had the couple drowned, this lawsuit would be huge. These companies charge a great deal of money and are expected to provide a fun and safe experience. Lifeguarding is one of the most boring jobs there is, but it is critical to be alert and do your job. I hope there are fines involved in this as well as a large reward in the civil suit.
As a resident of Maui I can only say it is sad this happened. But the delay by the couple and going public only with an attorney, and before the court case is all a typical attorney approach to create negativity toward the accused company. In this case Sail Maui. This is an obvious money grab. No physical injuries and no way to prove 5 million in mental anguish.
This couple being good swimmers were far from the other snorkelers and things happened. To attempt to ruin a great company with this drummed-up mental anguish from a healthy young couple is deplorable.
The couple deserves maybe their whole trip to Maui to be paid or free sails in the future etc. But 5 million is an absurd and obvious liability insurance grab pushed by the attorney.
The boat left without them. Left them in the middle of the ocean. They are lucky they did not drown. Sail Maui that day blew it, period…
Period! No Excuses!
They did exactly what they were supposed to. The digustingly gross negligence by the snorkle crew should end up with jail time.
another way to vet an activity is by shopping concierges at the local hotels
Aloha Fellas!
Mahalo for sharing this remarkable story!
Truth be told, most visitors are amazing, but then there’s always that one or two that just won’t listen.
I have been on countless boat tours here on Kaua’i and there are always those ones that drift off or intentionally go where they are not supposed to go because they think they know better After They Have Been Warned.
I think they’re totally full of it and I hope our beautiful state doesn’t lose a great company like SAIL MAUI. I haven’t been on their tour but I’m going to go now after seeing all of their ratings. Their ratings are not bought or by accident. It takes years and years to build up a reputation like that. I hope those people learned their lesson. GO SAIL MAUI!
how can U negative comment on these people without having been on this boat or know the details
Aloha Jack 😉
Because I know the blood sweat and tears it takes to build a stellar reputation in our beautiful islands in the service-tourism industry. I also have witnessed cognitive dissonance with my own eyes more times than you can imagine. I am sick and tired of the lack of responsibility that we must start to take for ourselves that we have placed on others over the last 20-30 years of playing the victim. It’s not just this boat company or any tour or anything in particular. It’s happening everywhere with everything. There are some really great books out on Insurance scam and where it fits in our society, pretty sad. My very best to you.
Regardless of how “careless” passengers are, the crew has a duty to ensure their safety. They are supposed to monitor the snorkelers and do an accurate count. 2 counts came up short and one bot. That warrants re-counts and roll calls. You can’t just abandon people because they don’t stick to your standards.
90% of these tours are done with shoddy safety standards. I worked for one for years. Why people keep blaming the tourists for being tourists is the most american thing i can think of. The snorkel crew should be doing jail for negligence.
The captain and crew are fully responsible for the safety of their passengers. Period.
To call this a ‘mistake’ or a ‘screw up’ is inaccurate. This is negligence; they are being taken to task in court and in my estimate, wind up paying out a large settlement.
Their passengers could have died.
Unfortunately, even if Sail Maui is wiped out due to costs and adverse publicity, they’ll just declare bankruptcy, repaint the boats and start a new company.
Aloha
We must start taking responsibility for ourselves. So strange these perspectives. Like living on another planet. So over the victim mode. It’s sickening.
Mahalo
If i’m on an airplane, i expect the pilot to get me there alive. Why would a boat trip be any different. They paid him.
For a mistake of this magnitude the company should be glad the couple isn’t seeking more!! I would think that the no. 1 consideration would be not to leave anybody behind. How difficult is counting the number of people in your care and then making sure everyone is accounted for?!!!
Stuff happens. If it had happened to me, I would not survive. Not a strong swimmer. :0( But, clearly a scary and unfortunate episode for all. Thankfully both survived. Death might warrant $5 million. Not sure being scared half to death is worth that much – but definitely worth something. I have been injured in auto accidents twice in years past and never got a dime. Wrong attorney, I guess. :0(
PS: We did a snorkel tour in MX some years ago and everyone, even a 6 year old, swam off and left us near the boat. We had never snorkeled before. We just climbed back onto the boat and waited until everyone else had their fun and came back. What can I say? At least they left us near the boat. :0)
Aloha. Thanks for chiming in on this situation. In October of 2019, my friend and I were actually left in the water following 2 “correct” head counts and 1 “correct” equipment count by Gemini Sailing Charters-Maui. They, too, have excellent reviews. Excellent reviews don’t mean diddly squat if you’re the ones left in the water. We contacted the Harbormaster and filed an incident report with the USCG Maui. We were not given the details of the outcome of the investigation except that “new safety rules were put into effect”. Looks like the new rules didn’t work or maybe it was lip service and $$ matters more than safety.
To accidentally abandon anyone on an ocean snorkeling trip is nothing less than gross incompetence.
I work in surgery. For the past 20 years, it’s been a national US standard to do a “Time Out” before starting: confirm patient’s full name, date of birth, what are we doing, and is it the right or left side procedure. The tourist industry has got to get it’s act together, and do a similar mandatory “Time Out” (everyone stop and listen and confirm the full names of everyone on board) both before and at the end of every tour. People’s lives are in the hands of these tour companies and they must be held responsible. They are presumably insured, so I hope that this couple gets every dime of what they are asking for.
Something is fishy here, and it isn’t the reef dwellers. Every snorkel/dive boat I’ve been on have a roll call to board the boat in the morning (boarding limited to those who paid), and a roll call every time the boat moves. The rule is you only answer for yourself. Pretty much fool proof procedure. Also, the alleged incident occurred in September 2021 – that’s a pretty big delay if it was such a bad experience.
I, too, have found the catamaran snorkel tours I have been on take multiple roll calls by name. And don’t move until each party has been confirmed.
They also have “life guards” in the water to keep people within acceptable range.
On Maui – Alii Nui and Trilogy have consistently demonstrated safety practices.
I’ve been on dozens of snorkeling trips and while they do a head count, there’s never been a roll call. One time we Al ost left a young teen behind because he got back in the water after he got on the boat and was already counted. If he hadn’t been with his family, he might have been left behind.
I’m going to guess that the amount of the lawsuit is based on Sail Maui’s liability coverage limits.
Yes, they screwed up.
But did they screw up $5M worth? Unlikely.
We have sailed with Sail Maui 8-10 times and absolutely love this company and the boat. I feel badly for this couple. We have never experienced anything but amazing service and a beautiful time. We have another trip soon.
I still have after effects of the stranding a friend and I experienced in Maui with a different “reputable and highly regarded” charter sailing company. Until it happens to you, you will probably continue to think they are a wonderful company. Saul Maui did not even follow the protocols for headcount. $$ ahead of safety. “This has never happened before” wouldn’t mean much if it were you being left in the water.
Yes, a mistake was made but not a 5 million dollar one! I’m afraid what will happen if they are awarded that much based on nothing physical but “emotional trauma”.
I count stuff for a living (I’m a statistican). If the first two counts showed -2 people and the third count shows all present, you count a fourth time. How hard is it to ask everyone to stay where they are for a couple minutes while the crew takes a headcount? Not doing so is negligence in my book.
An unfortunate single and clearly completely unintentional incident is not sufficient to make claims that Sail Maui (or any other tour company) is unsafe, grossly negligent and should be avoided at all costs.
Without knowing any facts or details, I’m fairly certain Sail Mail owners are horrified this happened. But events such as this ocean stranding are why companies carrying insurance, and why individuals are allowed to file lawsuits.
In the medical industry, specifically as it pertains to hospitals, there are certain untoward events that occur that are labeled as “Never Events.“. That means that they should never be accepted, no matter how rare they are, and they should be catalysts for implementing prompt and significant change to policies and procedures. For Sail Maui, leaving two tourist behind in the open ocean is definitely a “never event.”
Sounds like the crew made a huge mistake, and mistakes happen. That being said, when two persons lives are at stake, it becomes negligence. Even if the couple swam outside any kind of boundary, that’s no excuse to leave them to die. Sail Maui will be paying big time for this “mistake”.
I read about this in the national press, and no matter how I dissect it, the tour company was ultimately responsible. Relying on a “headcount” system is absurd. It’s much too prone to human error. There are better systems. For example, attaching an identification tag to each participant’s wrist with a zip tie. At the end of the dive, the tags are removed and returned to the crew. If an ID tag is missing then a passenger is missing. It’s that simple. I’m willing to bet that Sail Maui will now adopt a similar system.
Instead of a head count just simply call out everyone’s names geez !!! I could only imagine how scary that would have been . Thank Goodness there were no sharks around 🙏