LOCKPORT, N.Y. (WKBW) — More than one year after they were thrust into cold, murky water while on a tour of the Lockport Cave, passengers are taking legal action.
"They're still living it and they're still suffering from it," said Attorney Terry Connors.
Watch: One year after Lockport Cave tragedy, Gov. Hochul signs bill to expand oversight.
He represents seven of the passengers and plans to file next week. Two other passengers filed on August 19.
"Every time they recount this event, they're brought to tears," said Connors. "It is a traumatic event for all of them, some of them nearly drowned to death. Others were in that dark, murky, filthy water that they were thrust into, it was just awful and that's what we're going to expose."
7 News read through both lawsuits:
- In Barbara Borkowski's lawsuit, it says she's suffering from fears of drowning and night terrors as a result of the incident
- In Holly Curcione's lawsuit, it says she was hit by the boat, causing head and spinal injuries
- Both say there were no warnings, Lockport Cave staff did not plan properly and the boats were defective
"There's always rules and regulations and someone providing oversight, in this situation, everyone's looked the other way. Everyone's said it's not our responsibility and that's just wrong," said Connors.
Who are they suing?
Curcione's lawsuit lists 14 defendants, including the Lockport Caves, the City of Lockport, Niagara County, the New York Power Authority and Destination Niagara USA, the group that invited the passengers on the tour.
"They did nothing to check into the safety of it, they did nothing to protect the people they invited and what happened is, they put them in harm's way," said Connors.
Watch: Survivor recalls chaos, new evidence released in Lockport boat accident.
7 New reached out to Destination Niagara USA, we're told they have yet to be notified of the court filings, so they can't comment.
The legal teams also list the companies that made the boat.
"We found there were so many deficiencies in those two items that we brought a product liability case," said Connors.
Those listed as defendants now have a chance to file a response or motion to dismiss.
