A Hawaii tour company is being sued for $5 million over a California couple who claim they were stranded in the ocean during the company’s snorkeling trip and swam a half-mile back to safety.
Alexander Burckle and Elizabeth Webster booked the trip from their home in the Oakland area with the Maui Sail Company to Lanai, a small island near Maui, in September 2021 for their honeymoon.
During the 10 a.m. expedition from the port of Lahaina, Maui, with 42 other passengers who were told they would anchor the boat in one spot for an hour while they went snorkeling, the couple swam out to sea.
But they got caught in choppy water that became “turbulent” and were unable to return to the boat after struggling against the waves for 15 minutes. The boat then abandoned them while they called for help.
“They feared drowning was imminent,” the couple claimed in their lawsuit against Maui Sail.
Alexander Burckle and Elizabeth Webster (pictured) booked the Maui Sail Company trip to Lanai, a small island near Maui, in September 2021
The two desperately tried to stay afloat, but their efforts took them into even deeper, turbulent waters.
All 44 passengers boarded the water around 10:50 a.m. and the passengers returned to the boat at different times, the lawsuit states.
Burckle and Webster – both experienced snorkelers – returned to the boat after about an hour in the water.
The prosecution claims they faced waves of up to eight feet and realized that swimming to Lanai Island, against which tour guides advised, was their only way to survive.
They “panicked and struggled to swim in sea conditions,” they added in the lawsuit.
Fortunately, the two were able to make it to the island’s shores, but they were in poor condition and claimed in the suit that they were “tired and dehydrated.”
They turned to a number of traditional methods to attract attention for a rescue, including writing “SOS” and “HELP” in the island’s sand.
They were later found by Lanai residents identified as RJ and Shra Sanches and given water and the use of phones.
The lawsuit alleges that when Webster contacted Sail Maui around 1:15 p.m., three hours after they went missing, Webster admitted they didn’t realize anyone was missing from the tour.
They said the first officer counted three times and twice said they were two people short of the 44 guests, before counting a third time and mistakenly saying all 44 were on board.
Their lawyer, Jared Washkowitz, also claims they were given no limits and did not identify a lifeguard or other system for tourists to help each other.
Fortunately, the two managed to land on Lanai Island, but they were in poor shape and, wearing the suit, claimed to be “tired and dehydrated”.
Sail Maui is being sued for $5 million over a couple who claim they were abandoned at sea during a company’s snorkeling package
Jessica Herbert, a fellow passenger on that cruise, told Good Morning America that staff reassured guests that “everyone was on board.”
“Everything was fine, we started to take off, nobody looked back,” Herbert added.
She claimed that the crew did not force everyone to stay in their seats and that they had to count people below decks.
Their lawyer, Jared Washkowitz, also claims they were given no limits and did not identify a lifeguard or other system for tourists to help each other.
Jessica Herbert, a fellow passenger on that cruise, told Good Morning America that staff reassured guests that “everyone was there.”
The lawsuit alleges that Sail Maui left them with waves up to eight feet high and realized that swimming to the island, which tour guides advised against, was their only way to survive.
“It can be very rough water, even for people with ocean experience, not to mention visitors who may not have ocean experience or Hawaiian waters in particular,” he said.
The complaint said a Coast Guard investigation into the incident found negligence on the part of the captain and the company has since revised its procedures to require voice contact with every passenger, according to BuzzFeed.
“They spent a lot of time in the water and if they weren’t young, healthy and athletic people, they probably would have drowned,” the lawyer added.
A spokesperson for Sail Maui declined to comment.
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James is an author and travel journalist who writes for The Fashion Vibes. With a love for exploring new cultures and discovering unique destinations, James brings his readers on a journey with him through his articles.
