(Watch the press conference above, which also shows cell phone video of incident)
The family of a 20-year-old man who was on vacation last March and jumped into Biscayne Bay on a chartered cruise boat is now suing the charter company. Enoch Tong of Cumberland, N.C., ended up dying after getting caught in a rip tide and, according to the lawsuit, the boat’s crew failed to help save him.
At 4 p.m. on Saturday, March 18, 2023, Tong and 12 other people boarded the 65-foot yacht “Victoria” at the Jones Boat Yard at 3399 NW South River Drive, Miami, according to the Haggard Law Firm which is representing the family.
The boat made its way through the Miami River. At around 6 p.m., it stopped to anchor by Marine Stadium in Biscayne Bay.
According to the law firm, while anchored in Biscayne Bay, Tong jumped off the yacht and was caught in a riptide. Fast rip currents and high winds took him away from the vessel. His body wasn’t discovered until the next day on Saturday, March 19, 2023.
The Tong family believes Enoch’s death could have been prevented by the “professionals” operating the boat charter who were aware of the dangers of letting him get into the water.
A press conference held Wednesday announced the lawsuit against the charter boat company.
Also, the charter boat company promotes that guests bring their own alcohol and commits in one rental listing that “stewards will make sure your cup always remains full to ensure you a great time,” stated the law firm.
The firm also pointed out that Tong, at 20 years old, was under the legal drinking age, but yet was allowed to drink aboard the boat.
The law firm says the family is demanding safety changes in the charter boat industry. Tong’s family says captains and crews must be responsible for identifying impaired passengers and either stop the charter if someone is drunk or closely monitor the intoxicated individual before tragedy strikes.
In a lawsuit filed in Miami-Dade County, the family alleges multiple defendants:
- Failed to reasonably and properly train, instructor supervise its employees, agents, contractors, crew members, or seamen, including its Captain, Jose Carlo Arroyo, and its First Mate, Madlen Abou
- Failed to properly equip its vessel with the proper safety and equipment.
- Failed to properly use the available safety and lifesaving equipment aboard the Victoria.
- Failed to implement reasonable and proper safety policies and procedures for its passengers (or failing to instruct its crew of the same);
- Failed to implement safety policies and procedures regarding emergency situations.
- Failed to provide safety instructions and briefing to its passengers, including safety instructions and briefing concerning what to do in emergency situations.
- Failed to check the water and weather conditions both before and during this specific Charter tour.
- Failed to warn its passengers of the risks of jumping in the water, especially during poor or deteriorating weather conditions.
Speaking at the press conference, Tong’s mother, Mattie Bess, said “we must come together as a community united by a common purpose taking meaningful steps to prevent such tragic incidents from happening again.”
(See the lawsuit filed in Miami-Dade Court)