Two survivors from a whale watching boat tour which capsized killing five have filed a lawsuit against the operator in Canada.
German siblings Christian and Dirk Barchfeld are suing the boat operator Jamie’s Whaling Station, its owner Jamie Bray and the boat captain, Wayne Dolby.
The Leviathan II boat sank in October after being struck by high waves off the coast of British Columbia.
One Australian and five British tourists died.
The lawsuit claims the boat should not have sailed in such dangerous weather conditions and said the captain made no effort to help passengers.
The Barchfelds said they spent 45 minutes in freezing waters before being rescued.
The lawsuit filed in British Columbia is seeking unspecified damages for negligence and claims the crew also ‘lacked the proper skills and training.’
"What we can say is that the well-being of our passengers and crew has always been our main concern. We have reached out to offer assistance where we can to passengers who have been impacted by the tragic accident, and of course we will continue to do so," said Corene Inouye, director of operations for the boat company.
"Given the seriousness of the accident, it is perhaps not unexpected that some passengers have sought legal assistance."
