A New York Tourist, who lost one of his fingers after his hand came into contact with a sharp implement from an eFoil ride, is suing.
Assegide Mark Getachew, a New York attorney, who was accompanied by his family on the vacation, claimed that SURF TCI Ltd. trading as FLY TCI gave no warning that the apparatus was potentially dangerous.
The plaintiff, who is represented by George C. Missick of Geordin’s Attorneys at Law, claim alleges that the accident and his injuries are due to FlyTCI's negligence. Getachew contends that the company failed in its duty to provide crucial warnings and training on the proper use of the surfboard, leaving him and his family exposed to unforeseen dangers.
When contacted, FLY TCI, represented by Conrad Griffith of Griffith and Partners, was initially apprehensive about answering some questions surrounding Getachew’s case. However, upon revealing that we were in receipt of the legal claim and that the court document was in the public domain, they responded but declined to give any further comment.
“We are aware of and handling any historic events that have occurred within our business thoroughly and efficiently. We follow diligent, and thorough practices as a business and all matters go through the proper legal and insurance channels if and when needed.”
Court papers, obtained firsthand, peel back the layers of this case. Details from these documents reveal that on Tuesday, March 21, 2023, Getachew, along with his two children and two additional minors between ages 9 and 15 years, arrived at one of FLY TCI’s operation locations adjacent to Grace Bay Club for a pre-booked e-foil surfboarding session.
The claim states “The Defendant through its agents fitted the plaintiff and the four children with helmets, life vests, and water shoes before giving a short 10 to15 minute briefing focused on how to operate the e-foil, with the only safety instruction being a benign reference that they
should try to fall to the left, right, or rear of the board, but not the front, to avoid being
hit by the board.
“At no time was the plaintiff or any of the children warned as to the
nature of the risk or potential serious harm, including the real likelihood of a traumatic
bodily amputation, such as that suffered by the plaintiff.”
Following the briefing, the plaintiff and the accompanying four children, each equipped with a board, entered the water to commence their e-foil experience. Meanwhile, two of the defendant’s employees also took to the water with their own boards to provide intermittent assistance.
However, shortly into the session things took an unfortunate turn as the plaintiff fell off the board. That fall resulted in his right hand being struck by the e-foil blades, which led to the amputation of the top digit of his middle finger on that same hand.
Getachew is now speaking out for the first time since the incident. He said, “Had FLY TCI informed us of the extremely sharp exposed parts of the e-foil and the risk of serious injury, including the loss of body parts by one or more prior FLY TCI customers, I would have never used it and certainly wouldn’t have let the children I was with do so.”
As per the court documents, the plaintiff attributes his accident to the negligence of the defendant, among other factors. The particulars of such negligence claim include:
failure to ensure the safety of the plaintiff while he was using the e-foil;
failure to warn the plaintiff of similar accidents that had occurred involving electric hydrofoil surfboards and the potential risk of individuals suffering serious injuries, including traumatic bodily amputations;
failure to warn the plaintiff of the inherent dangers involved in using electric hydrofoil surfboards, including the risk of injury from the propellers and the hydrofoil blades; and
failure to provide proper training on the use of the electric hydrofoil surfboard to the Plaintiff; and failure to remedy any danger.
The Complex World of eFoiling
Research shows that there is a steep learning curve when mastering eFoils.This particular type of equipment, in the simplest of terms, is a motorized board with a mast, and wing- all built of full carbon fiber for maximum durability. Housed inside the board are electronics and a computer with another waterproof casing. There is a space reserved for its battery and charge which plugs into a regular wall outlet.
Meanwhile, the controller of the eFoil wraps around the hand and comes with a trigger for only the motor speed. All other movements like turning and getting lifted are controlled by the body and feet. Most eFoils can reach cruising speeds 25-30 km/h.
The concept of an eFoil has been a controversial debate worldwide for decades. The earliest record of the science behind today’s eFoil models dates back to the 1800’s. By the early 1900’s Alexander Graham Bell managed to successfully create a more efficient model which later evolved into a tool for military use.
Today, eFoiling is marketed as safe and fun for the whole family. However, incidents like Getachew’s seem to suggest otherwise. For example, two years ago, an Hawaii family sued a company called WeFoil after their 10-year-old son, a winner of the NSSA West Coast Regional Championships, fell off the equipment, leading to the severance of his thumb by the propeller. Some manufactures of e-foils have recommended that users should be at least 16 years old.
Experts on efoiling.com say in the world of watersports, injuries are inevitable and those involving eFoils are no exception. They also reveal that eFoiling in shallow water or near the coast elevates the danger.
Sapodilla Bay Beach and Long Bay Beach, are listed as some of the locations for customers to explore.
The Varied World of eFoil Legislation
Amidst all the controversies, Canada stands out as one of the few countries globally that currently prohibits eFoil boards. Any propeller-driven surfboard-type vessels are illegal under Canadian laws and violators face a pricey fine. In Switzerland, eFoils are also banned. Conversely, countries like the United States, Austria, Germany, The Netherlands, France, and Italy have legislation in place to regulate motorized boards.
Most operators, whether it be for personal or rentals, are required to register their eFoils. Some jurisdictions additionally mandate a serial number to be placed on the eFoils and for them to be operated in low-density areas for the safety of other individuals who may be swimming to partaking in other watersports activities.
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