Travel law: Duke University student drowns during “celebratory trip” in Costa Rica

In this week’s article we revisit the dangers of student tours sponsored or organized by educational institutions or organizations affiliated therewith [see Travel Law 5.04[4][I]].

In this week’s article we revisit the dangers of student tours sponsored or organized by educational institutions or organizations affiliated therewith [see Travel Law 5.04[4][I]]. In the recently reported decision in Thackurdeen v. Duke University, 2015 WL 5155890 (S.D.N.Y. 2015), an “exceptional” student “temporarily enrolled” at Duke University drowned during a “celebratory trip” in Costa Rica planned and provided by the Organization of Tropical Studies (OTS). Before reviewing this decision we shall reacquaint ourselves with the dangers of student tours.

Travel Law Update

Tort Liability In The Sharing Economy

In Loucks, Travelers Beware: Tort Liability In The Sharing Economy, Washington Journal of Law, Technology & Arts Vo. 10 (Spring 2015) it was noted that “Participation in the sharing economy makes consumers’ lives easier…With these innovations, however, come risks for users. For example, Airbnb hosts do not owe guests the same duties as a hotel operator. Additionally, drivers’ insurance policies may not apply when operating for profit through a rideshare program. This article examines the current liability issues that arise in the sharing economy. The law lacks clear, uniform guidance, as each city and state chooses to treat these companies differently. Because of this, sharing economy participants must be aware of the potential liability faced in a rapidly growing economy where the law is playing catch-up”.

Whale Watching Accident

In Tourists on a whale watching boat: 5 dead, 21 rescued, www.eturbonews.com (10/26/2015) it was noted that “The British Columbia, Canada, Coroners Service confirms 5 are dead after a whale watching boat capsized near Tofino. 27 people, mostly tourists, were on the vessel”.

Tour Bus Crash In France

In Breeden & Blaise, 43 Killed in Southwestern France as Bus and Truck collide, nytimes.com (10/23/2015) it was noted that “In the worst traffic disaster in 33 years in France, a truck collided head-on with a bus carrying elderly people on a sightseeing excursion…killing at least 43 people…The bus passengers, members of a senior citizens’ club in Petit-Palais-et-Cornemps…were headed first to a tasting of the neighboring region’s famous cured hams”.

Fire In Karaoke Bar In Indonesia

In Manado, Indonesia: 17 killed in a packed karaoke bar early Sunday, www.eturbonews.com (10/25/2015) it was noted that “Seventeen people were killed in a fire that raced through a packed karaoke bar early Sunday on Indonesia’s Sulawesi island, and 71 others were hospitalized for smoke inhalation”.

Hazing Ritual By Chinese Airline

In Hazing ritual by Chinese Airlines is bullying, www.eturbonews.com (10/22/2015) it was noted that “A demeaning act of bullying female flight attendants by a Chinese airline personnel has been made public on social media. Over the weekend pictures of Chinese flight attendant(s) in the overhead luggage compartments on aircraft went viral on the social media in China. This was explained as part of a ritual for flight attendants that have flown 30 to 50 hours”.

Rape In Sydney

In Raped by an Uber driver in Sydney-a case of misleading body language?, www.eturbonews.com (10/22/2015) it was noted that “Uber issued a statement after a British tourist visiting Sydney, Australia was allegedly raped by a Uber driver. The Uber statement says: ‘Our thoughts remain with the victim. We will do everything we can to work with police’…The Uber driver was charged with allegedly raping the young British tourist after he offered to drive her home from a Sydney bar”.

Uber Exploding In China

In Graham, Uber is not going public soon, says CEO Kalanick, usatoday.com (10/21/2015) it was noted that “For Kalanick, what’s on his mind these days is the red-hot growth in China, where Uber has grown from a 1% market share in January to 30% today, he said. China currently represents 30% of all Uber trips worldwide, and 5 of Uber’s top cities are in China, he said…Kalanick said Uber invested $1 billion getting its business in China off the ground”.

Uber Drivers’ Lawsuit Dismissed

In Ruiz, Judge Tosses Drivers’ Data Breach Suit Against Uber, The Recorder, ALM Media Properties, LLC (10/19/2015) it was noted that “A Federal magistrate dismissed a suit against Uber…by drivers alleging they were harmed by its handling of a data breach last year…plaintiffs hadn’t shown they were injured by the unauthorized accessing of files that included driver names and license numbers. ‘With a hack of information such as social security numbers, account numbers, or credit card numbers, there is no obvious, credible risk of identity theft that risks real, immediate injury’…Uber announced in February of this year that up to 50,000 drivers had their names and driver’s license numbers stolen from an Uber database in May 2014″.

Uber To Raise Another $1 Billion

In Picker & Isaac, Uber Said to Plan Another $1 Billion in Fund-Raising, nytimes.com (10/23/2015) it was noted that “Uber, a ride-hailing service, is planning to raise close to $1 billion in new venture capital from investors, according to people close to the matter. Investors are looking at a valuation of $60 billion to $70 billion. If successful, the round of fund-raising would make Uber the world’s most valuable private start-up by far”.

Death In The Philippines

In Two Chinese diplomats killed, one wounded in restaurant attack in Philippines, eturnonews.com (10/21/2015) it was noted that “China’s consul general in the Philippines’ second biggest city was wounded and two of his staff members were killed on Wednesday during a lunchtime gun attack at a restaurant, police said”.

Don’t Eat So Much, Please

In Aer Lingus passengers who dies after biting fellow traveler ‘had 41,000lb worth of cocaine in his stomach’, independent.co.uk (10/20/2015) it was noted that “John Kennedy Santos Gurjao is understood to have had 0.8kg of cocaine in his stomach in 80 pellets (and) suffered a violent seizure and died on the Aer Lingus flight bound for Dublin”.

The 1978 Lufthansa Heist

In Clifford, Trial Stemming From Lufthansa Heist Provides a Flashback to Another Mob Era, nyti.ms/1RT7Wg3 (10/19/2015) it was noted that “The Mafia of another era was on display Monday, as a trial began in Brooklyn in a case stemming from the spectacular-and long-unsolved-1978 heist from a Lufthansa terminal at Kennedy International Airport…The testimony on Monday gave a flavor of what was to come, including references to reputed mobsters with old-timey nicknames like ‘Johnny One-Arm’, ‘Skinny Don’ and ‘Good-Looking Sal’, along with referenced to goodfellas (members of the mob) and nods to ‘Goodfellas’ (the movie, which depicted some of the events and men discussed at trial)….Ms. Gerdes (one of the prosecutors) said that Mr. Asaro and his friend James Burke-a Lucchese associate known as Jimmy the Gent-planned the heist, picking the robbery crew and scoping out the terminal ahead of time. (In ‘Goodfellas’, Robert De Niro plays a character based on Mr. Burke)”.

Tragic Stopover In Turkey

In British Journalist found dead under peculiar circumstances in Istanbul, neurope.eu (10/19/2015) it was noted that “A British journalist traveling from London to Iraq via Turkey was found dead at Istanbul’s Atatruk Airport…The 50-years old woman, Jacqueline Sutton, arrived in Istanbul at 9:58 pm on Saturday, October 17 on an Turkish Airlines flight. She was found dead in a toilet, hanged with her shoelaces”.

Travel Law Article: Dangerous Student Tours Again

Educational or student tour operators, schools and affiliated organizations promoting and/or providing travel services to students may have higher standards of care because of the age of the traveler and the need and promise to supervise the student’s well-being [see Travel Law 5.04[4][I]][see also Mauer v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 294 (1994) (during a student tour to Mazatlan one of the students fell to her death while on a “party” train provided by the tour operator; “Molly was the fourth student to die by falling from a moving train on a student tour to Mazatlan organized by [tour operator]. Three other students had died previously, albeit the particular circumstances of each incident varied. The students on Molly’s tour were not informed of these prior incidents”); Kroll v. Cerkvenik-Anderson Travel, Inc., 181 Ariz. 394 (1994)(student on Mazatlan tour “allegedly jumped or fell to his death from the balcony of his hotel after having abused alcohol…for three days”); Tongier v. EF Institute For Cultural Exchange, Inc., 2011 WL 709713 (Mass. Super. 2011) (three students and instructor drown in Costa Rica while on educational tour); Paneno v. Centres for Academic Programmes Abroad, 118 Cal. App. 4th 1447 (2004) (college student traveled to Florence, Italy, to participate in study abroad program and fell six stories when balcony railing gave way); Gynese v. Zionist Organization of America New York Law Journal, August 9, 1989, p. 21 (N.Y. Sup.) (student on tour of Israel drowns in the Jordan River); Rodriguez v. Class Travel Worldwide 2000 U.S. Dist. LEXIS 1926 (E.D. La. 2000) (“student participant playfully shoved” into swimming pool and rendered quadriplegic)].

Remember The Chinese Tick Case?

In Dangerous Student Tours: The Chinese Tick Case

[www.eturbonews.com (8/20/2014)] we discussed the tragic story of Cara Munn, who, while a boarding student at The Hotchkiss School [the School], participated in a summer program trip to China and contracted tick-borne encephalitis (TBE) resulting in serious injuries to her brain. In the subsequent lawsuit a jury found that the school was negligent in failing to fulfill its duties to protect its student from foreseeable dangers. While the School’s travel handbook “devoted pages to other health risks including a reminder to be wary of foreign blood banks…and advice to bring American condoms to China to avoid using faulty protection and contracting a serious sexually-transmitted disease (it contained) no warnings about insect-borne disease”. The jury found that the School “ignored a predictable risk within the scope of its duty to Munn. First, the CDC (Center for Disease Control) warned travelers about many insect-borne diseases in China…As witnesses from both sides attested, the CDC is the primary source for assessing traveler’s health risks abroad. Indeed, (Y) testified that he based much of the school’s pre-trip advice on the CDC website…At trial the Munns presented two CDC advisories about disease risks in China. The first advisory described health risks in ‘East Asia’…warned of malaria in ‘some areas of China’ and that ‘dengue, filariasis, Japanese encephalitis, leishmaniassis and plague are diseases carried by insects…in this region’…It also counseled travelers to bring ‘insect repellant containing DEET’ and ‘long-sleeved shirts and long pants’ to prevent contracting insect-borne disease…The second advisory outlined risks in China specifically…That webpage advised travelers about risks of…and most relevant TBE; it stated that ‘tick-borne encephalitis occurs in forested regions in northeastern China…travelers should use DEET-based bug repellant and wear long pants and long sleeves when outdoors’.

As noted by (Z)(one of Munn’s experts) “any competent travel planner would have understood the risk of these diseases; would have warned children in advance of their hike on Mount Panshan that they had to wear DEET-based repellant, long sleeves and long pants; and would have checked for ticks at the conclusion of the excursion”. The School, of course, issued no insect-borne disease warnings, provided no DEET-based bug spray, did not advise Munn or anyone else to wear long sleeves and long pants and certainly did not check for ticks after the hike up and down Mount Panshan”.

The Thackurdeen Case

In the Thackurdeen case it was noted that “This case arises from the tragic drowning death of Ravi Thackurdeen…a student at Duke University (‘Duke’) and the Organization for Tropical Studies (‘OTS’)…a North Carolina-based institution promoting research and education about the use of natural resources in the tropics. Thackurdeen’s parents…bring suit…against Defendants Duke and OTS for various negligence-based claims and for claim of intentional infliction of emotional distress…Defendants…move to dismiss the case for lack of personal jurisdiction…Defendants’ motions are granted”.

The Exceptional Student

“Ravi Thackurdeen was, by all accounts, an exceptional individual. He graduated as the valedictorian of his high school, where he volunteered and participated in a myriad of activities …After graduating from high school, Thackurdeen enrolled at Swarthmore College (and) developed an interest in medicine, serving as an extern at Weill Cornell Medical College, conducting research into antibiotics and serving as a member of the Swarthmore Pre-Med Society”.

Duke And OTS In Costa Rica

“In the spring of 2012, Thackurdeen temporarily enrolled as a student at Duke in order to participate in a Global Health and Tropical Medicine program run by OTS in Costa Rica. Enrollment with Duke was a requirement for the OTS program. While studying with OTS in Costa Rica, Thackurdeen conducted research into the relationship between cooking practices and upper respiratory infections in the local Ngobe community in Costa Rica”.

Surprise Celebratory Trip

“At the end of the semester, in late April 2012, the OTS students were taken on a surprise celebratory trip to the beach at Playa Tortuga on the south central Pacific coast of Costa Rica”.

Caught In A Rip Current

“According to the complaint, the students were told that it was safe to swim off the beach and were given minimal instruction on how to react if caught in a rip current. While visiting the beach, Thackurdeen and a fellow student were wading in shallow water when they were caught by a rip current that pulled them further out to sea. Although a fellow beachgoer was able to swim out and rescue his classmate, Thackurdeen was pulled over 300 yards away from shore and was forced to tread water while waiting for help to arrive. Help did not arrive in time and Thackurdeen drowned to death. His body was not ultimately recovered until over thirty-six hours after he drowned”.

Delay In Notifying Parents

“Plaintiffs allege that, after Thackurdeen had drowned, Duke and OTS delayed notifying his parents about the incident. Several hours after Ravi had drowned, Margaret Riley (‘Riley’), the Assistant Vice Provost for Duke’s Undergraduate Global Education program, called the Thackurdeens and informed them that their son was missing. After receiving this news, Roshni and Raj Thackurdeen booked the first flight available to Costa Rica. While at the airport in New York, Plaintiffs called Riley in order to obtain more information. Riley assured the Thackurdeens that ‘everything was fine’”.

Ravi’s Body Found

“After arriving in Costa Rica…the parents…joined the Red Cross and Costa Rican Coast Guard in searching for Thackurdeen’s body. According to the Thackurdeens, while these search efforts were underway, OTS continued to hold celebratory events for its students. The search efforts ultimately proved unsuccessful and Thackurdeen’s body was not located until discovered by a local fisherman early on the morning of May 1, 2012″.

Conclusion

While the Tackurdeen case was dismissed for a lack of personal jurisdiction in New York it may most likely be tried in an appropriate jurisdiction such as North Carolina. This tragic case reminds us of the dangers of the waters off the Pacific coast of Costa Rica. See for example, Meyer v. Cornell University, 107 F. 3d 3 (2d Cir. 1997), cert. denied 1997 WL 336602 (1997)(bird watcher alumnus of Cornell University drowns in snorkeling expedition near Ile De Cano off the Pacific coast of Costa Rica during Cornell University Laboratory of Ornithology sponsored bird watching tour in Costa Rica organized by tour operator, Voyagers; “Both Cornell and Voyagers had promoted the tour in various brochures and magazines…Aside from the initial promotion of the trip to Cornell’s members, Voyagers was responsible for nearly every aspect of the trip”).

The author, Justice Dickerson, has been writing about Travel Law for 39 years including his annually updated law books, Travel Law, Law Journal Press (2015) and Litigating International Torts in U.S. Courts, Thomson Reuters WestLaw (2015), and over 350 legal articles. For additional travel law news and developments, especially in the member states of the EU, see IFTTA.org.

This article may not be reproduced without the permission of Thomas A. Dickerson.

About the author

Avatar of Linda Hohnholz

Linda Hohnholz

Editor in chief for eTurboNews based in the eTN HQ.

2 Comments
Newest
Oldest
Inline Feedbacks
View all comments
Share to...