Downward Angle Icon An icon in the shape of a downward angle. July 28, 2022, Wailea Beach, Maui, Hawaii. Gado/Getty Images After a man died while snorkeling, his family is suing Hawaii tourism officials and a Maui resort. They allege negligence and failing to warn about the dangers of snorkeling. The family maintains that his death was caused by ROPE and not accidental drowning, as stated in the autopsy.
A Michigan woman and her adult children are suing a Maui resort and a Hawaii tourism organization for failing to warn him about the potential dangers of snorkeling after his death.
According to the complaint, the family is seeking unspecified damages and a jury trial.
Patricia and Ray Johnson arrived at the Fairmont Kea Lani in Maui on February 23, 2022, marking the couple’s sixth visit to Hawaii.
Two days later, Ray, 64, and other tourists went snorkeling around Wailea Beach, which is in front of the hotel resort. Patricia told USA TODAY that while walking along the path adjacent to the beach, she saw other snorkelers helping her husband.
She told news outlets that as she rushed to shore, “the situation rapidly deteriorated” and that despite calling 911, medical professionals were unable to revive her husband.
An autopsy ruled that Ray Johnson’s death was an accidental drowning, but Patricia Johnson and her family dispute this.
In a lawsuit reviewed by Business Insider, the Johnson family alleges that ROPE (rapid onset pulmonary edema) likely caused Ray Johnson’s death.
According to the Mayo Clinic, ROPE is a sudden-onset condition characterized by a buildup of fluid in the air sacs of the lungs, which can cause difficulty breathing.
A July 2010 snorkel safety study conducted in conjunction with the Hawaii State Department of Health and the Hawaii Tourism Authority distinguishes between ROPE drowning and water inhalation drowning.
He said ROPE does not necessarily require “immersion in liquid or inhalation of liquid” and often looks different from drowning due to aspiration.
According to the study, ROPE drownings often involve shortness of breath, confusion, loss of consciousness, and no visible struggle.
Patricia Johnson told ABC 7 Eyewitness News that Ray had his head above water before appearing disoriented.
“It didn’t make any sense. When I got the autopsy report, it said drowning. I saw Ray come in,” Patricia Johnson told KITV. She said, “When she’s drowning, she doesn’t talk to the people around her.”
Ray Johnson eventually lost consciousness before reaching shore, according to the complaint.
The lawsuit cites snorkel safety studies and alleges that the defendants, Fairmont Kea Lani, the Hawaii Tourism Authority, and the Hawaii Convention and Visitors Bureau, failed to adequately warn tourists about the dangers of ROPE when snorkeling. He is suing for negligence.
The complaint said the defendants “essentially ignored the studies, their conclusions regarding the risks to tourist safety, and in particular the recommended warnings.”
The study notes that several factors can contribute to ROPE, including snorkel tolerance and underlying heart or lung disease.
The suit acknowledged that Ray had a history of heart disease, but said his doctor had not advised him to limit physical activity.
The suit also says Ray didn’t know he would have to wait several days after flying to snorkel, adding: “Had he received the warning prepared by the study authors, he would have complied with the warning.” He also said.
The snorkel safety study acknowledged that air travel may contribute to ROPE, but noted that it is still only a hypothesis.
Jay Stuemke, a lawyer for the Johnson family, told Business Insider in an email: “The tourism industry refuses to do the right thing and warn incoming tourists about these dangers, so it is our duty to do so.”
He added, “If this message saves even one life, Ray Johnson’s death will not be in vain.”
Patricia Johnson said in an interview with USA TODAY that she hopes the lawsuit will lead to more warnings. “I truly believe that if we had been warned, her husband would still be here,” she said.
Fairmont Kea Lani and the Hawaii Convention and Visitors Bureau did not immediately respond to requests for comment, while the Hawaii Tourism Authority declined to comment on the lawsuit.
