Legal fight over American college student’s resort disappearance could come down to who was ‘reckless’: lawyer

Case of Missing American College Student in the Dominican Republic Raises Questions About Resort Liability and Tragic Circumstances

In the early hours of March 6, 2023, Sudiksha Konanki, a 20-year-old American college student from the University of Pittsburgh, disappeared under tragic circumstances while vacationing in the Dominican Republic. Konanki, who was staying at the RIU Republica resort in Punta Cana with five female friends, was last seen swimming in the rough surf of the Caribbean with a 22-year-old man named Joshua Riibe from Iowa. The incident has sparked questions about the resort’s potential liability, as witnesses and authorities investigate the events leading up to her disappearance. The case bears some similarities to the highly publicized 2005 disappearance of Natalee Holloway in Aruba, though experts note key differences in the circumstances.

Konanki and her friends had been drinking at a hotel bar earlier that night before deciding to walk to the beach, despite a red-flag warning indicating dangerous swimming conditions. Riibe, who has been identified as a key witness, told Dominican Republic authorities that he and Konanki entered the water to swim, and a large wave struck them. He claimed that this was the last time he saw her. The group had been consuming alcohol, including vodka with 7Up and tequila shots, which Riibe said the women had purchased as a group. Two of Konanki’s friends remained on the beach while Konanki and Riibe went into the water. The red-flag warning on the beach explicitly indicated that swimming was unsafe due to rough seas, yet the two opted to enter the water nonetheless.

The investigation into Konanki’s disappearance has raised questions about the resort’s responsibility to ensure guest safety. Former FBI Criminal Investigative Division Assistant Director Chris Swecker, who worked on the Natalee Holloway case, noted that while the two cases share some similarities, the evidence so far suggests that Konanki’s disappearance may have been an accidental drowning. Swecker emphasized that both Konanki and Riibe were likely intoxicated, which may have impaired their judgment and contributed to the tragic outcome. He also highlighted that the absence of a recovered body makes it challenging to determine the exact circumstances of her disappearance, as ocean currents and marine life could have carried her remains away. Swecker further suggested that the resort could face liability if it failed to provide adequate safety measures, such as proper signage, sufficient lighting on the beach, or security to prevent guests from swimming during dangerous conditions.

The RIU Republica resort has denied any connection between Konanki’s disappearance and a nearly 25-hour power outage that affected about 30% of the resort in the hours leading up to the incident. The outage left some guests without electricity, water, or Wi-Fi, but the resort resolved the issue just two hours before Konanki went missing. In a statement, RIU Hotels & Resorts insisted that the two events were unrelated and praised the staff’s efforts to address the technical failure. However, Swecker questioned whether the resort had adequate security measures in place, such as cameras or personnel, to monitor the beach and prevent guests from swimming during red-flag conditions. He also raised concerns about whether the resort properly communicated the dangers of swimming during rough seas.

Legal experts in the Dominican Republic, such as attorney Luis Vilchez, have noted that the resort is unlikely to face liability unless it can be proven that the hotel or its employees acted recklessly or failed to provide proper safety measures. Vilchez explained that guests generally assume personal responsibility for their actions, especially when they choose to disregard safety warnings, such as red flags on the beach. He emphasized that for the resort to be held liable, it would need to be demonstrated that the hotel failed to adequately communicate or enforce safety protocols, such as restricting access to the beach during dangerous conditions. Vilchez also pointed out that swimming outside designated hours when no lifeguard is on duty could be considered reckless behavior, further reducing the likelihood of the resort being held responsible.

As the investigation continues, authorities have released surveillance footage showing Konanki and her group walking to the beach around 4:15 a.m., with Konanki last seen on the beach at 4:50 a.m. A group of six people, including five women and one man, was seen returning to the hotel around 5:55 a.m., but Konanki was not among them. Riibe, the man last seen with Konanki, entered the hotel around 9 a.m. the same day. The Dominican Republic prosecutor’s office and local authorities are urging anyone with information about Konanki’s disappearance to contact the Loudoun County Sheriff’s Office or Loudoun Crime Solvers. The case has drawn widespread attention, with many expressing concerns about the safety of tourists in the Dominican Republic and the responsibilities of resorts to protect their guests. While the exact circumstances of Konanki’s disappearance remain unclear, the incident serves as a stark reminder of the risks associated with swimming in dangerous conditions and the importance of adhering to safety guidelines.