Accident Database

Report ID# 116144

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Accident Description

There was a rafting fatality on the Ocoee this past Saturday, June 18th. The man fell out of a commercial raft at Broken Nose in Grumpy's rapid. This is a really bad place to swim! They rescued him at Slice & Dice, some distance downstream, and began CPR. He left in an ambulance on a stretcher. He was a big man who probably had a heart attack.

 

'Death trap:' Lawsuit claims rafting company's negligence led to customer's death in Ocoee River rapids

by WTVC

June 22nd 2023 

OCOEE, Tenn. — A whitewater rafting company failed to provide a personal flotation device for one of their customers who later died in rushing Ocoee River rapids, according to a new lawsuit. We reported Eugene Hinson's death back in June of last year, but at the time, we had few details about the circumstances. 

The lawsuit against High Country Adventures says Hinson drowned at a put-in known as "Grumpy's Ledge," which was in front of what is known as a Class 4 rapid -- a level of whitewater considered dangerous.  It claims the company was unable to provide a lifejacket or personal flotation device for Hinson due to his weight, which according to his autopsy was 281 pounds at the time of his death.

On June 18th, 2022, Hinson, his wife Erma, and their friend Nicole Smith bought a rafting excursion from High Country Adventures. The lawsuit says Nicole Smith weighed 383 pounds and says Erma Smith's weight "was substantial as well."

But the suit says High Country Adventures had set a maximum weight limit of 245 to 265 pounds - far less than what the plaintiffs weighed.

The Defendants are required to provide appropriate life jackets. In this instance, the Defendants failed to provide a personal flotation device or life jacket for a person of the size of Eugene Hinson,' the lawsuit says. The lawsuit says the kind of raft High Country Adventures provided was 'unsafe,' along with this entry point into the Ocoee River rapids, which are described as 'very rough and very strong.'

When the raft entered the water, it somehow capsized, sending all occupants into the water, and causing Hinson to drown, and his wife and Smith to be injured.The lawsuit says Mr. Hinson was caused to suffer great fear and ultimate death as a result of the gross and wanton disregard of the Defendants for Hinson’s safety.

This horrible event did not result from any simple negligence or inherent risk of rafting. Simply put, the Defendants .. set up a potential death trap for Eugene Hinson, Erma Hinson, and Nicole Smith. The Defendants fully knew or should have known that they should not have allowed the Plaintiffs to be placed in the predictable event which would result in substantial injury and drowning.

The lawsuit is asking for a jury trial, and for the plaintiffs to be awarded a combined total of $4.1 million. We reached out to the Whitewater Rafting Company for comment on this story, and we'll update this story if and when we hear back.

 

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