LOCKPORT, N.Y. (WKBW) — Two years after the deadly capsize of a Lockport Cave tour boat, a number of lawsuits have been filed for wrongful death and negligence.
Harsad Shah was killed in the accident on June 12, 2023. He was 65 years old and died at the scene. He was on the tour boat as the owner of a hotel in Niagara Falls. His blue jacket and Michael Kors wallet were found by those investigating the accident.
According to the wrongful death lawsuit, filed by co-executors of his estate, "the Tour Boat’s center of gravity at the time of the capsize was significantly higher than its center of buoyancy due to the construction of the Tour Boat, and/or the Tour Boat’s component parts, including but not limited to the Dock Floats."
Last year, the 7 News I-Team obtained evidence from the Lockport Police Department, showing investigators documenting issues with the float.
In documents obtained by the 7 News I-Team, Police say they immediately noticed the boat's "boyance [sic] appeared to be off." One officer explained, "I barely shifted my weight and the boat rocked from side to side with ease," later finding "5 of the 7 pontoons had been compromised and there was water inside the pontoon..."
Investigators used yellow fiberglass stakes to make that determination.
WATCH: See how investigators had to hoist the doomed boat out of the water
Lawyers for the family say "one or more of the Dock Floats used in the construction of the Tour Boat were compromised, lowering the Tour Boat’s weight bearing capacity and making the Tour Boat prone to capsize."
In an audio recording of police interviewing Tom Callahan, the attraction's owner, Callahan said he thinks the arm rests got stuck, causing the boat the flip.
INVESTIGATOR: What did you hear?
CALLAHAN: I thought I heard the boat hit the wall. That was my first thought. Then I heard splashing and that's when I knew something had happened.
INVESTIGATOR: Do you guys fill out waivers?
CALLAHAN: No
INVESTIGATOR: No waivers? No.
CALLAHAN: But between you and I, they're not really worth the paperwork.
INVESTIGATOR: Did anyone besides the engineer certify the boat, like put a stamp on it?
CALLAHAN: No
INVESTIGATOR: No government agency, just the engineer?
CALLAHAN: The only one we report to is OSHA. The OSHA man was just here... He told me we have a perfect record. They don't see this as a problem at all, the way we do business. He was here last year... gave us a clean bill.
These lawsuits explain, "The passengers...were trapped in the cold, deep, murky water in a pitchdark, unreasonably narrow, underground tunnel behind one or more locked gates, with no means of emergency communication, working radios, emergency exit, ledge, handrails, or anything else to hang onto and no life vests, life preservers, safety rope lines, life hooks, safety ring buoys, or any other safety and/or rescue devices..."
Each of these lawsuits were filed against Callahan and Clarence Burkwit, who attorneys for the victims say is an owner of Hydraulic Race Co., which owned and operated the Lockport Cave Boat Tour.
Nina Briglio, Colleen Gray, and Christine Thomas are also suing for negligence. They were on the boat when it capsized.
No court date has been set for these cases to be heard.
