Lawsuit: Texas Tubes fails to warn visitors of tubing dangers

Curtis Goldman drowned in the Comal River. (Courtesy Greg Gallagher, family's attorney)

NEW BRAUNFELS, Texas (KXAN) – A trip to the Comal River in New Braunfels isn’t always a time families want to remember. Over the July 4th holiday, a 29-year-old man from Baytown drowned on the river. It’s a similar story of what happened to another family, the Goldmans’ just one year before.

Now the Goldmans’ are taking legal action in hopes of keeping others safe.

“They want answers, they want to know what happened and of course they want Texas Tubes as well as other tubing outfitters to change their approach to river safety,” said attorney Greg Gallagher.

Gallagher says Curtis Goldman was floating the river with other family members when his family lost sight of him.

“There was a big crowd on July Fourth. They looked back and he wasn’t there. He sank to the bottom and he couldn’t resurface,” said Gallagher.

The Goldman family is suing Texas Tubes, the company he rented his tube from for negligence.

“They were basically told the river is as safe as a water slide, given tubes and launched into the Comal River,” said Gallagher.

Although Texas Tubes does provide life jackets, they’re optional. Gallagher says what’s more concerning is that the company doesn’t require their customers to sign a waiver spelling out the dangers of the river.

“When people die in the river every year and nobody does anything about it, they don’t warn the public especially people from out of town or just moved here, they think it’s just a placid family friendly river when it’s not,” said Gallagher.

For some of those who float the river regularly, they say that’s a mindset they see all too often.

“A lot of people are on tubes and they think that’s a safety and they can just grab onto the tubes,” said Frank Ramos, who is visiting from Austin.

The owner of Texas Tubes says he has no comment regarding the lawsuit.

Gallagher says he has requested a jury trial which could take place in January of next year.

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