LOCKPORT, N.Y. — State lawmakers are marking the passage of a new bill that increases oversight of cave boat attractions after the tragic death of a Niagara Falls man one year ago.
Harshad Shah, 65, of Niagara Falls died when a Lockport Cave boat capsized and trapped him under the vessel in the water for over an hour. Shah died before first responders could get to him and others in the cave.
On the first anniversary of Shah's death, State Senator Robert Ortt and Assemblymembers Michael Norris and Angelo Morinello met in Lockport to discuss the bipartisan legislation meant to prevent future tragedies.
The bill, once signed into law, would close a gap that previously left attractions like the Lockport Cave without clearly defined oversight. The boat involved in the capsizing had not been inspected in some time.
Shah's family has argued in legal filings that if it had been inspected, he might be alive. They are suing the City of Lockport, Lockport Police, and the attraction for negligence.
Ortt said if the bill provides any comfort to the Shah family, it would be beyond his wildest expectations.
"I think when you lose somebody, a loved one, I don’t think that a piece of legislation is going to make that go away or make that better. ... But maybe something positive came out of that tragedy," Ortt said.
Added Norris, who represents the City of Lockport and the 144th Assembly District: "We came together because we recognized that there was not proper oversight over these types of attractions."
The bill was passed by both the New York State Assembly and State Senate at the end of the 2024 legislation session. A summary states that the bill will provide for at least annual inspections of any vessel operated on privately or publicly owned underground non-navigable waterways (i.e. a cave) that carries passengers for compensation.
It also allows for technical corrections and applies existing safe boating standards to cave vessels, which previously weren't defined in state navigation law. The oversight and inspections will be handled by the New York State Department of Parks, Recreation, and Historic Preservation, which already does similar work for vessels on other waterways.
"Nobody had the obligation to inspect this type of attraction," said Morinello, who represents the City of Niagara Falls and the 145th Assembly District.
"The end goal of regular inspections and an identifiable agency that has oversight which is great for the operator and it’s great for people that would go on this attraction so they have the confidence and reassurance that they do get regularly inspected," added Ortt, who represents New York's 62nd State Senate District.
All three state lawmakers thanked Gov. Kathy Hochul for her work on the bill.
In a statement, a spokesperson for the Governor's Office said: "Governor Hochul is committed to protecting passengers and preventing future tragedies like what occurred at the Lockport Caves last year, which is why she championed this legislation to grant the New York State Office of Parks, Recreation and Historic Preservation the necessary oversight authority.”
A 2 On Your Side analysis of the bill found that it would also require the operator of any cave attraction to report incidents like the one that resulted in Shah's death, making them liable and responsible for death or injuries to persons or property in cases of negligence.
In the aftermath of the June 12, 2023 incident, several tourists came forward and shared stories about a similar incident that happened at the Lockport Cave in 2015 but the general public did not know about it.
Other aspects of the legislation include abiding by rules against operating a boat while consuming alcohol, requiring fire prevention planning, and limiting occupancy; expanding existing laws for other vessels to cave boats.
It is unclear if the legislation denotes the need for personal flotation devices. 2 On Your Side has reached out for clarification.