LOCKPORT, NY — New notices of claim have been filed against the Lockport Caves and Underground Tours.
7 News learned about these new accusations after they appeared in documents filed ahead of a City of Lockport meeting planned for Wednesday.
In the documents -- employees and tourists on the boat on June 12th at 11:30 am were injured due to quote "negligence, carelessness, and recklessness on the part of the employees... And owner, Tom Callahan of the tours."
7 News met with the attorney representing the claimants, Terrence Connors, in his office in Buffalo.
He says these notices of claim give municipalities, Niagara Co., the city of Lockport, and the tours 90 days to take stock of the case before a lawsuit is filed.
"They have a right then to have us produce our clients to have them ask questions. Once those questions are completed, they will reevaluate the case and decide whether to resolve it or go to the next step, litigation. That means we would file a lawsuit, not a claim but a lawsuit,"
In the meantime, customers claim they have not received refunds for canceled tours due to the deadly incident in June.
Kristina Louise, who posted on Facebook, says she never received a refund planned for July 31st.
She had driven 6 hours to go on the tour, but the building was closed.
In the email exchange above, the cave tours say they were locked out of the booking system after the incident and could not give refunds.
7 News went to Lockport to get the Lockport Cave Tours side of things, and was told the owner, Tom Callahan, could not do an interview.
7 News Reporter Jaurdyn Johnson called the company's lawyer, George Burkwit but had to leave a voicemail.
7 News reached out to the city of Lockport Common Council, the town of Lockport mayor, and even the Niagara County attorney, who all say they do not comment on pending litigation.