NTSB DETERMINES 2005 ETHAN ALLEN ACCIDENT CAUSED BY VESSEL'S INSTABILITY

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NTSB PRESS RELEASE

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National Transportation Safety Board

Washington, DC 20594

FOR IMMEDIATE RELEASE: July 25, 2006

SB-06-42

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NTSB DETERMINES 2005 ETHAN ALLEN ACCIDENT CAUSED BY VESSEL'S INSTABILITY

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Washington, DC. - The National Transportation Safety Board today determined that the probable cause of the capsizing of the Ethan Allen was the vessel's insufficient stability to resist the combined forces of a passing wave or waves, a sharp turn, and the resulting involuntary shift of passengers to the port side of the vessel. The vessel's stability was insufficient because it carried 48 persons where post-accident stability calculations demonstrated that

it should have been permitted to carry only 14 persons.

Contributing to the cause of the accident was the failure to reassess the vessel's stability after it had been modified because there was no clear requirement to do so.

On October 2, 2005, the Ethan Allen, a tour vessel carrying

47 passengers and one crewmember capsized in Lake George,

New York. As a result of the accident, 20 passengers died.

"This tragic accident highlights the need for clear requirements to verify a vessel's stability after any modifications are made to the vessel," said NTSB Acting Chairman Mark V. Rosenker.

In 1964, the Ethan Allen, a 40-foot fiberglass excursion vessel operating under a different name, was certified by the U.S. Coast Guard to carry 48 passengers and two crewmembers. In 1979, the boat was purchased by Shoreline Cruises, Inc. and relocated from Connecticut to New York where it came under the jurisdiction of the state. New York state officials established the same load restrictions for the vessel as the U.S. Coast Guard. In 1989, an all-wood canopy with Plexiglas windows was installed on the Ethan Allen. The state's file on the vessel contains no record of inspections and/or stability assessments relating to modifications to the boat's canopy between 1979 and 1991.

 

As a result of the Safety Board's investigation of the accident involving the Ethan Allen, the following recommendations were made:

To the United States Coast Guard:

Provide guidance to the States on U.S. Coast Guard standards for and assessment stability of small passenger vessels.

To New York State:

Address safety deficiencies identified in the investigation of the Ethan Allen accident and issue technical guidance to vessel owners on the inspection requirements for modified vessels, stability assessment and criteria, means for determining maximum safe load conditions, drug and alcohol testing, manning, and safety briefings.

Discontinue the use of capacity plate data associated with the U.S. Coast Guard's noncommercial boating standards for determining passenger loading on public vessels that carry more than six passengers and adopt the Coast Guard small passenger vessel inspection standards.

A synopsis of the Board's report, including the probable cause and recommendations, is available on the Board's website, www.ntsb.gov. The Board's full report will be available on the website in several weeks.

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Media Contact: Terry N. Williams

williat@ntsb.gov

202) 314-6100

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Vincent Rutowski - Update

Ga. Child Killed by Fla. Airboat

 

Vincent Rutowski - Airboat Death

Funeral services will be Thursday for a 6-year-old Dacula boy killed in an airboat accident last week on the St. Johns River in Florida.

Services for Vincent Rutowski are scheduled for 10 a.m. Thursday at Hamilton Mill Memorial Chapel in Buford. Rutowski died after he was run over by the airboat on which he was riding.

Fish and Wildlife and the Coast Guard are investigating this tragic accident.

Dwayne

Two boating deaths under investigation / Boat Strikes Barge on Missouri River Near Tekamah

Two boating deaths under investigation

An investigation continues into the deaths of two people who were killed Sunday when the boat they were in struck a barge in the Missouri River near Tekamah, Neb. Killed were Colton Peterson, 20, a 2004 Blair (Neb.) High School graduate, and Morgen Wees, 19, a 2005 Ralston High School graduate.

Dwayne

Fatal Boating Crash Goes to Trial in Fla.

A man went on trial Wednesday in a fatal boating crash, after the victim's father paid for a computer animation of the wreck that the prosecutor couldn't afford.

Defense attorney Stephen Greer told jurors Wednesday that the computer-generated video is flawed and misleading, partly because it ignores some descriptions of what happened after the 14 boats took off for the Working Man's Bass Club tournament.

We have found that computer animations can be very persuasive in maritime cases.  When well done viewers often accept the animation as reality.  Most judges expect that there be an accurate factual foundation for the animation and it must comport with the facts or usually is excluded.  There is a body of law on admissibility of these types of animations. 

This is an interesting case.

Dwayne

Hitler's Sunken Secret?

This is a Nova program on an interesting sea story.

Dwayne

Boaters need to Understand the Jones Act

In general I think the theme of this article is correct.  If in doubt talk with your local maritime lawyer and / or marine insurance broker.  A little consultation up front may save you a bundle down the river.

Dwayne

We posted this article below on failure to render aid.
Here is a generic law blurp on the rescue doctrine. There is a similar rule in maritime cases.
Below is some language on the doctrine from a maritime case. This should clear it up for the reader:
We believe that the maritime rescuer's perception of the need for immediate action must be evaluated under the same wanton and reckless standard. In rescue situations, perception and response are inextricably linked. The same standard governing conduct that saves the lives of seamen must apply to the perception that generates the act. By definition, the perception of danger requiring prompt action is formed under the same stress and on the same imperfect information as the rescue itself. If rescuers will not be charged with the simple negligence of their acts "in the excitement and confusion of the moment," it is anomalous to charge them with a failure to prudently verify that immediate action is necessary. See Wagner v. International Ry. Co., 232 N.Y. 176, 133 N.E. 437 (1921) (in the rescue context, "the law does not ignore the reactions of the mind in tracing conduct to its consequences. It recognises them as normal.")
Dwayne

Boating deaths in Florida rose 2005 to the highest number reported in 10 years, but Lee and Collier counties reported only one fatality each among their 74,000-plus registered boats.
"We are very concerned about the upward trend in boating fatalities," said wildlife commission Capt. Richard Moore, Florida's boating law administrator. "Especially given the fact the vast majority of these are easily preventable."
Polk County had the highest number of fatalities in boating accidents in 2005, according to a report released this week by the state Fish and Wildlife Conservation Commission.
Volusia County ranks sixth for boating accidents in the state.
Boating deaths and accidents surged in Florida Keys waters in 2005, keeping Monroe County in its dubious spot at the top of Florida's maritime mayhem.
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The number of boats are rising with this State’s population and thus we can expect more of this unless boaters are educated and follow the rules.
Dwayne

CBS4 News) VIRGINIA KEY The US Coast Guard has suspended its search for a young New York Man who went overboard while boating in Biscayne Bay Tuesday.
According to officials, the women boating with him originally found the man face down in the water but thought he was joking around. Upon returning to pick him out of the water, they realized it was an accident.
Dwayne

Boating Deaths in Florida

The ocean drowning of two brothers was among 30 boating deaths statewide related to people falling or going overboard. And that was the leading cause of Florida in 2005 having the largest number of boating deaths in a decade, according to the Florida Fish and Wildlife Conservation Commission's 2005 Boating Accident Statistical Report.

ROUGH WATER AHEAD??

People dying in connection with falling overboard was a leading cause of Florida having the largest number of boating fatalities — 80 — in 2005, state reports show. Thirty of those died from falling overboard, a 53 percent increase from 2004. There were five deaths along the Treasure Coast. Of the 30 deaths:

• 93 percent drowned, despite 63 percent being swimmers.

• 100 percent of the drowned were not wearing a life jacket.

• 79 percent fell were from an open motorboat or some small unstable craft.

• 69 percent occurred in calm, inland waters.

• 53 percent were more than 50 years old.

By the Florida Fish and Wildlife Conservation Commission

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As you can see from the stats, accidents and deaths occur even in calm inland waters and life jackets were not being worn in 100 per cent of the drowning deaths.

Dwayne

Bloglines - Expect the unexpected

Bloglines user Lawboat (lawboat@comcast.net) has sent this item to you.

Boating - Topix.net News on Boating from Topix.net

Expect the unexpected As spring creeps into the Seacoast, many area residents will launch into Seacoast waters, and I'm worried sick about it.

This link is to the Dept. of Labor site on the Longshore / Defense Base Act. The page gives the following information:

The Defense Base Act provides workers’ compensation protection to civilian employees working outside the United States under a contract with the U.S. government. This page contains currently available information regarding the Defense Base Act (DBA) that may be of interest to the Longshore community.

For example, civilian contractors injured in Iraq may be covered under these acts.


Dwayne