Ragin Cajun Airboat Tours is based in Luling.
NEW ORLEANS – A popular airboat tour operator claims it is not at fault for injuries allegedly sustained during a June 2024 swamp tour, according to a complaint filed in Louisiana federal court last week.
Ragin Cajun Swamp Tours LLC filed a verified complaint for exoneration from liability May 16 in the U.S. District Court for the Eastern District of Louisiana.
“The alleged injuries and damages resulting from the Incident were not caused or contributed to by any fault, negligence, or lack of care on the part of Ragin Cajun or the Vessel, but by other circumstances beyond the control of Ragin Cajun,” the company wrote in its 10-page filing.
The swamp tour company, based in Luling, claims to be New Orleans’ No. 1 airboat tour operator.
According to the complaint, the incident occurred in the afternoon of June 16, 2024 on the waters of St. Charles Parish in Luling.
The vessel, Lil Cajun, departed for a tour with five passengers on board. The vessel was operated by Doug Carter, an employee of Ragin Cajun, on the Hymel Canal.
Shortly after leaving, the airboat struck an “underwater navigational obstruction.” Soon after, the boat came into “allision” with a tree, causing the five passengers and Carter to be ejected, according to the complaint.
Allision, in maritime law, refers to a moving vessel striking a stationary object like a bridge or pier. A collision, on the other hand, refers to two moving vessels striking each other.
The vessel, an 18-foot aluminum Alumitech brand airboat built in 2010, was damaged as a result.
On Jan. 31, Rebecca Chacon and Mark Krulisky filed a petition for damages in the 29th Judicial District Court for the Parish of New Orleans, alleging physical and mental injuries as a result of the boating accident. Ragin Cajun and Carter were named as defendants.
On April 22, Jeremiah Chacon filed a petition for intervention in the pending action for physical and mental injuries allegedly arising out of the accident.
According to Ragin Cajun’s federal complaint, Johnathan Chacon and Tristen Wriedt also were occupants of the boat.
The matter is currently pending in the 29th Judicial District Court of the Parish of St. Charles. But Ragin Cajun argues that venue is proper in the federal court due to certain admiralty and maritime claims, in that the incident took place in the lower Mississippi River.
The swamp tour company argued in its federal complaint it exercised due diligence to make and to maintain the boat in “seaworthy condition,” saying it was fully and properly staffed, equipped, and supplied.
“Prior to the Incident, Ragin Cajun used all due diligence to the extent it was legally obligated to make the Vessel seaworthy,” the company wrote. “Prior to the Incident, the Vessel was tight, staunch, strong, fully, properly manned, equipped, supplied, and in all respects seaworthy and fit for the activity in which it was engaged.”
Ragin Cajun argues it is entitled to exoneration from liability for any and all alleged losses, damages, and/or injuries occurring as a result of the incident – even those claims that have not yet been asserted.
According to its complaint, the company believes claims may be asserted against it in amounts exceeding the value of the vessel and its interest in the vessel, or $34,000.
The company contends if the court would find it liable for any injury or damage, that the liability be limited to that $34,000 amount and that the money to be paid be divided pro rata, or proportionally, among the claimants.
The New Orleans firm of Taylor Wellons Politz & Duhe LLC is representing Ragin Cajun.
