The Outcome!
Walked out of court June 30th, 2025, and the baseless Cao lawsuit against Floatery was finally thrown out! Spent thousands defending myself against this mess, but I’m relieved it’s over.
Tubes, Tantrums, and Triumph: The Cao vs. Floatery Fiasco
Picture a sun-dappled stretch of the Dan River in Madison, North Carolina, sending folks through nature’s lazy river with a little spicy in the mix. Three years of five-star reviews, a safety record shinier than a freshly waxed tube, and a waiver for those to review and sign. Then, like a giant mosquito at a picnic, Yu Fang Cao—aka Sissi Chao—buzzed in with a $100,000, which I do not have, lawsuit that nearly sank my dreams. This is the saga of Cao vs. Floatery, a legal river ride of rapids, receipts, and a community of customers so stellar they deserve all the Kudos.
The Rapid That Roared
July 7, 2024, was peak river tubing weekend. The river gleamed, the tubes were plump, and our crew was slinging safety like it was free ice cream. Cao with some friends, tickets purchased by her pal Jacqueline Ng, signed up for a tubing adventure. They reviewed, then signed their names on our waiver—clause 10, the “tubing’s risky, don’t sue us” scripture—watched our 50-inch TV safety briefing (think visuals with safety and informational advice, for those new to us), and got a live rundown from Myself, someone who can’t swim and takes it personal, as to what to do and what not to do. We offered U.S. Coast Guard-approved life vests at our location and on the shuttle vans, mandatory for non-swimmers (which we ask many times if you can swim), and sent them off with instructions: stay in your tube, entry is 20 ft deep, if you cant swim good enough to get out of rip currents at the beach wear a life vest, follow the route, and don’t go full Survivor in the rapids, and avoid these areas. Participant reports suggest Cao didn’t follow our safety instructions, leaving her tube in the rapids without a life vest, despite our questions about swimming ability. The river current took control, she nearly drowned however was rescued by Ryan Clark, an off-duty Rescue hero. No injuries and then 90 days later a lawsuit claiming Floatery was negligent for her “pain and suffering.” She demanded $100,000, stating we had no waiver (which she signed and the booking party received a copy and was asked to distribute to others in their party), no safety briefing (10 min briefing with visuals in person), and no vests anywhere (literally everywhere on the property and in the shuttle vans). My reaction? Picture a cartoon character with a thought bubble screaming, “Are you kidding me?” and a lot of choice words. At Floatery you have many options to not tube down the River. The shuttle driver slows down to show you the rapids and you can ride back on the shuttle van if you choose not to participate. We have an area on the property to sit back and relax while your pals tube, it happens.
The Legal Tsunami
Cao’s lawsuit wasn’t a splash; it was a tsunami. It halted my order of new tubes and stalled $16,450 to $32,900 in projected revenue. With this delay in ordering, Tariffs raised prices even higher that could have been avoided, and legal fees piled up like riverbank driftwood. Cici Cao, aka Sissi Chao, who operates Camellia Beauty Studio in Greensboro, pursued her lawsuit with a pro bono attorney. I sniffed a cash grab, and I wasn’t about to let it swamp Floatery. North Carolina law was my life preserver. Of sorts. First, the river entry is a public park, and state statutes don’t require me to staff or patrol public land, maybe one day the town who owns the park will. I’m not the river’s hall monitor as several companies and the public uses this area hence why we are detailed in our safety briefing, and Cao’s demand for lifeguards on every rock was legally absurd. Second, safety presentations? Not required. Our TV briefing and My spiel were extra credit, yet Cao griped they were “not held,” despite being present and detailed aerial views, all while claiming spotty English which she had English speaking friends with her and spoke good English upon arrival. Third, life vests. North Carolina doesn’t mandate tubing companies to force PFDs on every adult swimmer, merely provide. We offered them at check-in and on shuttles, free as the breeze, and four affidavits confirm Cao waved them off. Her claim that no vests were offered was contradicted by those four affidavits and our standard procedures.
The Courtroom Cage Match
North Carolina’s contributory negligence doctrine was my legal superhero. Cao’s signed waiver, rescues account of seeing others in the group wearing life vests, participant accounts, and Floatery’s pristine safety record. We pushed for summary judgment to squash this lawsuit like a gnat, arguing Cao’s recklessness, not taking a life vest, jumping from her tube, and not doing her due diligence by reading our FAQs was the real villain. Cao’s team used aggressive tactics, like a Motion to Amend and add Gross Negligence then misrepresented my deposition wording by picking out certain elements versus the entire comment, citing my deposition about discontinuing mandatory vests for all tubers (as a cost-saving move, which was actually changed to require them for those who could not swim versus for all, as we have many return customers who grew up on the river). Her filings had errors, like using ‘guide’ instead of ‘staff’ and misspelling my name. Her friend Ng purchased the tickets and received an email which had the waiver attached stating to pass the waiver to all members of your party as the waiver is required, painted Floatery as a reckless tubing free-for-all, which stung worse than a jellyfish. Cao’s “I didn’t understand” claim, despite our detailed safety briefing and FAQs, was frustrating. My attorney mentioned a small settlement a few times, absolutely not, I’ve done absolutely nothing wrong. Every day was a paddle through legal rapids, but I had something they didn’t: my loyal customers and tenacity.
The Customer Cavalry
Here’s where the story gets downright heartwarming with many tears shed. My Floatery family—those incredible customers who drive hours, even fly in, for our Southern hospitality and a fun day on the river—didn’t just cheer from the sidelines; they dove into the fight. When word of Cao’s lawsuit spread, they rallied like a small-town militia armed with loyalty and willingness to show up in court and / or give testimonies. Others were outright shocked given all the care and attention we give to our beloved customers, drowning out Cao’s claims. To this day the reviews pour in with tales of lazy river days, laughter, and staff who went the extra mile. These weren’t just customers; they were my lifeline during this god-awful time, that left me financially, spiritually, and mentally exhausted. Their reviews, averaging a perfect five stars over three years, became courtroom ammo, proving Floatery wasn’t the negligent nightmare Cao painted. Their support—letters, posts, and even a few “we’ve got your back” emails—kept me sane when legal bills loomed and the thought that someone, who has done everything right, may have to sell it all to pay someone who was lying about my heart project Floatery. They didn’t just step up; they somersaulted into the fray, and I’ll forever be grateful for their fierce love.
The Verdict: Victory with a Side of Grumble
The hearing was tenser than a tube on a rocky rapid, but the Judge delivered. He granted summary judgment in Floatery’s favor, ruling contributory negligence. She stated in her deposition that she was very fearful of water and never went in water more than knee deep, while saying she knew rivers were “wild”. In her deposition, Cao claimed limited English and used a translator, though she operates a Greensboro spa. The judge noted she filed the lawsuit without a translator, per court records. The waiver held firm, our safety measures shone, and Cao’s case failed. My customers’ honest support, from affidavits to their unshakable loyalty, helped seal the deal. But here’s the rub: despite asking, the judge didn’t mention or award attorney’s fees, I would have to counter sue, which is not entirely off the table. Those legal bills, stacking up like firewood, stayed my problem. It was a win with a bruise—like tubing a perfect run but losing your favorite flip-flop. I’d saved Floatery’s reputation, but the financial hit lingered, while Cao returned to her spa, while I faced mounting legal bills. Another setback for my cherished Motel.
The Heart of the Hustle
This wasn’t just a lawsuit; it was a personal attack. Floatery’s my soul, built on grit, safety, and a passion for sharing the river’s magic. Cao’s claim threatened to drown it in fees and bad press, but it forged me into a legal gladiator. I devoured contributory negligence like a law textbook, rallied evidence like a CSI sleuth, and kept Floatery’s reputation afloat. The laws—no need to staff public parks, provide safety presentations, or mandate life vests—were my backbone. My customers, though, were my heart. Their unwavering support turned a battle into a triumph, proving Floatery wasn’t just a business but a company that genuinely cares about their customers and the environment. In all honesty, I get teary eyed to this day at two of them, both busy Drs and Nurses from Winston Salem I barely knew and first-time customers who were in her session coming out on New Years day to notarize their affidavit, I cried like a literal baby at that kindness.
Epilogue: Paddling Stronger
The Cao vs. Floatery saga taught me this: running a business is like tubing the Dan. You prep, you paddle, but sometimes a rogue plaintiff tries to flip you. You hold tight, trust the process, and never give up. I’m still salty about those attorney’s fees—maybe I’ll send the river gods an invoice—but with my customers’ love, Floatery’s unstoppable.
The Next Rapid: New Customers
To our new customers: The Dan River is a beautiful, natural body of water that can change with weather and other conditions. Currents and debris may be present in the channel, and we do our best to inform all customers about any known issues to ensure a safe and enjoyable tubing experience. If you’re not familiar with river tubing, please read every bit of our FAQs before booking and be familiar with what a river is. We do not control the river in any way; however, we do our absolute best and go above what is required by law to prepare you for your float in this natural body of water. We contact the correct agencies when we find debris; however, we have no control over debris or conditions outside of our operations.
Following this Incident: Trust Issues
At Floatery, your safety is our top priority. Incidents can occur when guests do not follow our clear safety instructions, as seen in this case. While we provide clear, detailed guidance through our website, waivers, safety briefings, and staff instructions, we rely on guests to follow these protocols to ensure a safe experience.
Following this incident, we’ve modified our safety policies due to trust issues. While the law does not require life vests, we mandate their use at river entry. For non-strong swimmers, elderly guests, and those with disabilities, we advise them to keep them on for the duration of the float. Minors are required to keep them on for the duration of the float. Our greatest challenge is ensuring guests are honest about their swimming abilities and wear these vests, which are essential for preventing accidents. This policy ensures every ones safety.
To ensure a safe and enjoyable experience, please accurately share your swimming ability when asked. Even our staff, including those who aren’t strong swimmers, safely participate in activities like night floats by wearing life vests. Let’s work together to prioritize safety!
Floatery Team
