The widow of a man that died after a Hawaiian kayak tour with an "experienced" guide certified in first aid, has filed a wrongful death suit seeking damages for negligence, gross negligence and negligent misrepresentation, as reported by Courthouse News Service.
A.S. claims that her husband, R.S., injured during the tour, was not found for six days after the accident.
The surviving family has named both the tour company owner, P.F. and tour guide, B.K., in the suit.
A.S. further attested that she chose the particular company for an April 2010 vacation as they assured her that "Our friendly experienced guides all know the river from top to bottom."
It was also advertised that an "experienced personable local guide certified in CPR and first aid" would lead them on a tour of the Wailua River.
Other members of the family on the tour included A.S.'s mother, brother and sister. The family had traveled to Kauai from their home in Utah.
According to the complaint, the group was joined by other vacationers and driven to the mouth of the Wailua River. From there, P.K. settled the tourists in kayaks and led them upstream 2 miles.
The kayaks were later abandoned for a tour and hike up a muddy trail, where the group was forced to traverse over tree roots in the "water socks" or "reef runners" that they had been advised to wear. The complaint states that the footwear made "the hike through the difficult terrain all the more challenging."
The group arrived at Uluwehi Falls, an approximate one mile hike, at about 4 p.m. The falls dropped 125 feet into a river of rushing water.
The forest canopy, and the lateness of the afternoon, made the area cloudy.
It was at this time that P.K. led the group a different way back to their waiting kayaks.
The complaint states, "Less than a quarter of a mile from the waterfall, defendant (B.K.) and the guests encountered a tree which was draped in vines. The vines were thick, described by defendant (B.K.) to all the guests as 'vines like Tarzan vines in the jungle.' Defendant (B.K.) then climbed and swung on the vines, swinging on them like a monkey, and encouraged the tour guests to do the same."
R.S. decided to give the Tarzan idea a try. During the attempt he slipped and fell onto his mother-in-law, V.T., breaking her ankle.
But he also hit "his head on a rock."
A.S. claims that while B.K. tended to V.T. with an Ace bandage, her husband wandered off, his head bloodied.
During the confusion, another guide came to assist B.K. with instant ice packs for her mother - but neither employee knew how to activate them.
B.K. then went back to the kayaks in an attempt "to get cell reception" and locate R.S. He returned to the group without R.S.
When B.K. did get in touch with P.F., and tell him of R.S.'s disappearance, he failed to mention R.S.'s head injury.
A.S. stated, "(B.K.) failed to ask for a search party, he failed to ask for the police or fire department to be contacted and he failed to ask for emergency equipment of any kind, even a flashlight."
The complaint continued, "Defendant (B.K.) then rejoined plaintiff (V.T.) and the rest of the group, and informed plaintiff (V.T.) that there was no way that any emergency personnel could help them and that they were on their own."
Mother and daughter searched for R.S., joined by R.K. and P.F. hours later, and even longer into the night, police and a rescue agency was called in.
Loosing a loved one to a wrongful death is grounds for a lawsuit. Contact a wrongful death attorney today to discuss your case and damages.