LOCKPORT, N.Y. — The family of a man killed in a boating accident this past June, is now filing a notice of claim against multiple government agencies.
Harshad-Kumar Shah died when a tour boat for the Lockport Cave flipped overt. He was trapped under it for more than an hour before emergency responders could get to him.
The claim, filed against City of Lockport, Niagara County, and the State of New York, alleges there were no safety devices for passengers or inspections on the attraction to ensure its safety.
"And the biggest concern they have, is this happened once before in 2015. So, they said to me find out whose responsible and see if we can stop it from ever happening again," said Terry Connors, attorney for the Shah family.
The notice of claim ensures that Shah's family will be able to file a lawsuit at a later date if they choose to.
There were about 28 passengers and one boat operator on a small tour boat with benches when the boat became unbalanced and capsized in a 300-foot water section of the underground man-made cavern. Life vests were apparently not required in the cavern.
Officials say the boat can normally carry up to 40 people.
All 29 were ejected from the boat and landed in the water. Authorities received a call around 11:30 a.m. and responded within minutes. EMS responders launched inflatable boats and breached through the side of the cave with a sledgehammer. They rescued 16 while the others were able to wade through the five-to-six-foot water to safety. Eleven were taken to the hospital with injuries ranging from a broken arm to hypothermia from the 55-to-60 degree water.
Responders were unable to reach Shah, 65, who died after being stuck under the boat for an hour.
Shah was born in Baroda, Gujarat, India, and lived in Niagara Falls. Shah was also the president of the Budget Host Inn in Niagara Falls.
After Shah's death state lawmakers proposed legislation that would authorize the state parks department to provide oversight.
"I don't know if this would have prevented the tragedy," Senator Ortt said. "But that doesn't mean we can't take action like this, to address this."
The bill has been sponsored by Senator Ortt and Assemblyman Mike Norris. The legislation allows the state Office of Parks, Recreation and Historical Preservation to "regulation of geological man-made mechanical boat attractions on man-made waterways, tunnels, and lakes."
On June 16, Governor Hochul urged lawmakers to develop new oversight for attractions like the Lockport Cave.
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