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The families of eight marines and a sailor who were killed when their amphibious assault vehicle sank off the coast of Southern California in 2020 will sue BAE Systems, the manufacturer of the vehicle, their attorneys said Thursday.
An alleged design defect that attorneys claim the company knew about for more than a decade trapped the military personnel in the cargo hatches, leaving them unable to escape the 26-ton amphibious vehicle, attorney Eric Dubin said at a press conference in Oceanside near the Camp Pendleton Marine Corps base.
"They were kids, and they were put in a death trap," said Dubin, who was accompanied by relatives of at least five of the service members who died on July 30, 2020.
Dubin said that troops were locked into the vehicle for 45 minutes prior to it sinking. The lawsuit will be filed within two days in U.S. District Court in San Diego.
For more reporting from the Associated Press, see below.
Military leaders agree the tragedy could have been prevented. An investigation by the maritime branch found the accident off San Clemente Island was caused by inadequate training, shabby maintenance of the 35-year-old amphibious assault vehicles and poor judgment by commanders.
Nearly a dozen Marine officers have been forced out of their jobs or disciplined in another way. The Marine Corps also relieved a two-star general in June who had overseen the exercise.
BAE Systems declined to comment on the expected lawsuit and directed questions to the Marine Corps.
"We offer our deepest sympathies to the families impacted by this tragedy and we mourn the loss of the nine service members," company spokesman Tim Paynter wrote in an email.
Lawyers for the families said they also would have considered suing the military but were prevented by the Feres doctrine, a 1950 decision that says service members cannot sue the federal government for injuries sustained while serving.
Instead, they are asking the military to support the lawsuit and pull its amphibious assault vehicles out of the water until the problem is resolved. The Marine Corps did that for months while the accident was investigated, but recently troops have been back inside them in the water.
The troops who died were inside a decades-old amphibious vehicle, but lawyers said the newer ones, including a line now in production, have the same issue, which is why they are suing.
Christiana Sweetwood of Danville, Virginia, said she never wants another mother to experience what she has over the past year.
"When they took my son, they kind of took my life," she said.
The accident occurred a day before Lance Cpl. Chase D. Sweetwood's 19th birthday.
His mother said she and the other families who lost loved ones plan to spend the anniversary of the accident together, sharing memories. She may put flowers in the ocean.
On Saturday, Christiana Sweetwood plans to visit her son's grave at Miramar National Cemetery in San Diego and eat his favorite dish—peach pie—to honor him on what would have been his 20th birthday.
The vehicles have been at the heart of the Marine Corps' amphibious operations, carrying troops from ship to shore for both combat and humanitarian operations since the early 1980s. It can traverse both land and sea.
The investigation found the troops had not received appropriate instruction on how to escape a sinking amphibious vehicle and that the unit had not completed a required evaluation meant to address any issues, including their swimming qualifications.
Marine officers in charge that day also failed to have safety boats nearby.
