NTSB Board Meeting & Report: Crown Princess Heeling Accident

Notes from Video Presentation of the National Transportation Safety Board (NTSB) findings on 1-10-07.

• The Crown Princess listed or heeled 24%.  This is much more than the original 15% reported by Princess cruise Lines and Carnival.  Princess disagrees with the heal angle.  The Coast Guard came up with a a lower number with a less precise heel calculation. It is still unclear at what angle the ship could have capsized.
• Over 4,000 passengers and crew were on board.
• Over 300 people were injured (likely underestimated since there were over 200 lawsuits filed and many people settled pre-suit and it is unclear whether the psychologically injured were included).
• The list / heel angle pictures are very dramatic.  Most people on  board would have thought the ship was capsizing.  No one can reasonably suggest that the list it was a minor event.
• Audio quality of recordings of captain and crew were "fair' a disappointing quality given the fact that the ship was new. Alarms were going off and other noises affected recording quality.
• The captain made the critical error of ordering the ship to increase speed in shallow water to get ahead of some oncoming weather.  High speeds in shallow water is dangerous if steering input is made to the helm either through the auto-pilot or manually.
• The ship was on auto-pilot when it was making a scheduled turn.  The ship started to heel to an unreasonable level. The auto-pilot alarms caused the crew to jump on the wheel and start making adjustments. Crew error was a key factor in the list incident.  It is unclear whether the auto-pilot also contributed to the accident by causing the initial heel.
• The excessive speed of the ship and shallow water effect also appears to have contributed to the list.  It appears that the captain and crew did not have adequate knowledge and experience as to the effect of speed and shallow water on list factors and steering input. The Captain left the autopilot settings and increased speed to 'get ahead' of bad weather. Captain and crew should have reduced speed and centered the rudder to stabilize the vessel.
  

Continue reading "NTSB Board Meeting & Report: Crown Princess Heeling Accident"

NTSB Reprot on Crown Princess List Accident

NTSB Advisory
  National Transportation Safety Board
  Washington, DC 20594
  December 12, 2007  

NTSB TO RELEASE FACTUAL REPORTS ON M/V CROWN PRINCESS CRUISE   SHIP ACCIDENT

---

As part of its continuing investigation into a heeling   accident involving the M/V Crown Princess, in the Atlantic   Ocean off Port Canaveral, the National Transportation Safety   Board will open a public docket and release a factual report   on Friday, December 14, 2007, at 11:00 am.

On July 18, 2006, about 3:25 p.m., the Bermuda-   registered cruise ship M/V Crown Princess, operated by   Princess Cruises, experienced a severe roll during a turn.   The cruise ship had departed Port Canaveral, Florida, for   Brooklyn, New York, on the last leg of a 10-day round-trip   voyage to the Caribbean. When a display on an instrument panel   showed a high rate of turn to port, the second officer   disengaged the autopilot and took manual control of the   vessel's steering system. The vessel was traveling at nearly   full speed, about 20 knots, at this time.  He turned the wheel   to port and then to starboard and back several times,   eventually causing the vessel to heel sharply to starboard.   The sudden roll caused people to be thrown about or struck by   unsecured objects, resulting in 14 serious and 284 minor   injuries to passengers and crewmembers. The vessel incurred no   damage to its structure, although unsecured interior   components, cabinets, and their contents were damaged.

The information being released is factual in nature   and does not provide any analysis. It will include   investigative group factual reports, interview transcripts,   transcripts of recorded conversations on the vessel's   bridge, maintenance records, and other documents from the   investigation. Additional material will be added to the   docket as it becomes available. Analysis of the accident,   along with conclusions and a determination of probable   cause, will come at a later date when the final report on   the investigation is completed.

For news media representatives, a CD-ROM containing   the docket material will be available from the Office of   Public Affairs, NTSB Headquarters (6th floor), 490 L'Enfant   Plaza, S.W., Washington, D.C. beginning at 11:00 a.m.,   Friday, December 14, 2007. Docket material also can be   obtained from the NTSB's Public Inquiries Branch by calling   (202) 314-6551, or from General Microfilm, Inc., (304) 267-5830.

This will be a document release only; no interviews   will be conducted.

Ethan Allen Indictment

Ethan Allen Indictment- "A grand jury charged both Shoreline Cruises and Capt. Richard Paris with failing to have enough crew members aboard the Ethan Allen tour boat when it flipped over in Lake George, sending its passengers into the chilly water..."QUEENSBURY, New York (AP)

Another Person Missing From Cruise Ship

FBI looking for missing cruise tourist (September 11, 2006)

MIAMI, Florida (AP) -- Authorities were investigating the disappearance of an Ohio woman who was reported missing Monday from a Carnival Cruise Lines ship.

The 36-year-old woman, whose name was not released, had been on a four-day cruise to Key West and Mexico.

The Miami-based cruise line said relatives last saw the woman Saturday night, but did not report her missing until Monday, when the ship returned to Miami. FBI spokeswoman Judy Orihuela said, however, that she was not aware of any delay in reporting the disappearance.

"It doesn't look like foul play," said Orihuela, whose agency is investigating the case.

The disappearance from the Carnival cruise ship Imagination was the latest missing person case involving a cruise this year.

Elizabeth Galeana, 22, of Naples, Florida, apparently fell off a cruise ship in July and drowned. Her body was found off the coast of Italy last month. In May, Daniel DiPiero, 21, of Canfield, Ohio, fell off a cruise ship to the Bahamas after a night of heavy drinking with friends.

One of the highest profile cases involving a cruise ship disappearance occurred last summer, when George Allen Smith IV, 26, of Greenwich, Connecticut, vanished from his honeymoon cruise in the Mediterranean after an apparent late night of drinking. Bloodstains were found on a canopy that covers lifeboats. No one has been charged and no body has been found.

Crown Princess Passengers Retain Traverse Legal

Press Release:  07-24-2006: 

Numerous passengers who were on-board the Crown Princess cruise ship which severely listed on July 18, 2006 have retained Traverse Legal to provide legal representation and pursue litigation against the responsible /negligent parties for compensation and other damages.  Traverse Legal's investigation thus far makes it clear that the severe listing of this passenger cruise ship was caused by human error / negligence of the ship owner Princess Cruises and the Crown Princess crew. It is also clear that this is not an isolated incident and, as part of our investigation, we are in contact with other cruise ship passengers who have experienced similar accidents.

This web site is the leading source of information and discussion concerning the Ethan Allen tour boat and Crown Princess listing tragedies.  Traverse Legal is proud that the Crown Princess investigation site is generating information to thousands of our web site visitors every week, helping Crown Princess clients and others interested in this accident with valuable information concerning their right to sue responsible parties and the cause of this disaster. Our efforts will help make the cruise and tour boats industries safer and help ensure that needless tragedies like these don't occur again.

If you were injured in the Crown Princess accident, you can contact a lawyer for a free consultation by clicking here.  If you have information concerning this incident, or other similar accidents on other cruise ships, you may contact us by clicking here.

Crown Princess Lawsuits Against Princess Cruises

Traverse Legal has spoken to many of the passengers who were on board the Crown Princess which listed on July 18, 2006.  Many of those passengers have already retained Traverse Legal to pursue litigation against Princess Cruises for negligence as a result of the human error / negligence which caused the Crown Princess list accident. Many passengers suffered physical injury and nearly all are suffering from symptoms ranging from PTSD, anxiety, sleeplessness, nightmares, stress and other psychological problems. In an effort to help our Crown Princess clients and passengers understand their legal rights and further understand Traverse Legal's role handling litigation claims, we have launched this investigation and litigation FAQ to answer the most frequently asked questions.

Here are some of the most common litigation (lawsuit / lawyers / attorneys) and representation questions:

1. What will it cost to hire a lawyer at a law firm to represent me in litigation? Lawyers handle these matters on a contingency fee basis.  Many attorneys and law firms charge a 40% contingency fee.  Traverse Legal only charges a 1/3 or 33.3% contingency fee for Crown Princess list passengers seeking to sue Princess Cruises for their physical and psychological injuries. If you don't receive compensation for your damages, you don't pay any attorney fee.  If a litigant recovers a settlement or verdict as a result of pursing a lawsuit, the costs are deducted from the recovery and the settlement is split 1/3 to Traverse Legal and 2/3 for the client.  Traverse Legal advances all litigation costs on your behalf through settlement and the filed lawsuits. If you are trying to understand your right to sue Princess Cruises for negligence, you may contact us now for a free consultation.
2. How long would litigation against Princess Cruises take for injuries suffered on the Crown Princess? Injury litigation can take some time to wind its way through the courts.  Settlement as an alternative to suing can take less time.  We would expect that Princess Cruises will make an earnest attempt to settle many of the Crown Princess legal claims brought by injury plaintiffs because they have already admitted negligence as a result of crew / human error. We are expecting the Princess Cruises will attempt settlement on Crown Princess listing litigation cases after the six month notice period has expired (at that point they will know how many claims they are facing) but before the 12 month limitations period for filing lawsuits in Los Angeles, California.  We are preparing settlement demands for each of our clients, and asking each claimant to document their physical injuries with photographs and medical records. Our law firm is making it clear to each of our Crown Princess clients that the decision to settle is the client's decision alone. We will help you understand any settlement offer and give you our best attorney recommendations. We are a litigation law firm and we will aggressively pursue a jury verdict in a court of law on your behalf if Princess Cruises does not offer an appropriate monetary settlement. We will file litigation for all of our Crown Princess listing clients legal cases in court which do not settle prior to the 12 month limitation period.
3. What if I did not suffer a physical injury? Can I still sue? Your passage contract says that you must have a physical injury in order to sue.  US maritime law makes this provision illegal. All Crown Princess passengers were "at actual risk of physical injury, and such risk was caused by the negligence or fault of a crewmember or the manager, agent, master, owner, or operator" thus making this litigation prohibition unenforceable.   If you have purely psychological injuries, you likely still have a claim and should contact an attorney.
4. How much is my claim worth? It is impossible to say for certain how much your physical and/or psychological injury is worth before obtaining specific information about your situation.  We expect that some permanent claims will be worth in excess of one million dollars ($1,000,000) and, of course, a jury will be free to award any damage amount which they deem appropriate.  Further, if Princess Cruises is found to be grossly negligent, they may be sued for punitive damages.
5. Should a lawsuit be filed by our attorneys against Princess Cruises right away?  You may have read in the newspaper or heard on the news that one or more firms have already filed a lawsuit against Princess Cruises for the Crown Princess listing accident.  While filed litigation draws publicity, we don’t believe that immediately filing lawsuits serve our client’s interest. It may be months before the NTSB completes its investigation, key witnesses are identified and the real facts of this listing accident come to light. There is no reason to sue immediately and many reasons to wait (although you should still hire counsel so your attorney can provide notice pursuant to the passage contract within 6 months and file a lawsuit within 1 year).   Most clients will not know how bad their injuries will be for some time.   This is especially true for those suffering psychological trauma and for those whose physical injuries are still be medically diagnosed.  The value of your claim will depend in part on the severity and permanency of your injury.  If you don't know how bad things will be for you one year or two years from now, how can you or your lawyer possibly know how much your claim is worth? We believe that it is important to properly process your claim, understand and document your injuries, understand your prognosis for recovery and attempt settlement before rushing to court.  We will not file a lawsuit simply for publicity or to draw attention to ourselves or when doing so would not serve our client's interests.  We will represent your interests aggressively and competently, including a jury trial in a court of law if necessary and at an appropriate time consistent with your best interests.
6. What other issues should I be thinking about before hiring a lawyer, attorney, law firm to pursue Crown Princess litigation?

• You must provide legal notice under the passage contract to Crown Princess / Princess Cruises within 6 months of the accident. If you do not provide adequate notice under your passage contract and maritime law, you will waive your right to sue or collect compensation for you injuries. Your Crown Princess litigation attorney, lawyer, law firm must file your case in court within 12 months of the accident date. 
• Your cruise ticket requires individual lawsuits and precludes class action lawsuits arising from the Crown Princes listing accident. This class action restriction is probably enforceable under federal admiralty law. Princess Cruises may chose to allow an opt-in class action because of the large number of claims they will be facing.

Contact the Traverse Legal law firm for a free consultation with an admiralty and maritime attorney to understand your rights or call now 231-313-0564.

See Crown Princess Passengers Retain Traverse Legal, Press Release 07-24-2006 here.

Junior Officer Blamed for Crown Princess Accident

Human error is acknowledged by Princess Cruises as the cause of Crown Princess accident.  This disputes the notion that the steering malfunctioned and early reports from Crown Princess representatives that something mysterious went wrong with the steering system:

As it turns out there wasn't an equipment or software problem aboard the Crown Princess, just a junior officer that did something stupid.

The skipper set the autopilot when he cleared for NY, the ship began it's swing to port, as programmed, and the skipper left the bridge, leaving the junior on the watch. All quite normal stuff. The junior looked over the instrumentation and got panicky over the autopilot's swing to port and turned off the auto pilot. He then tried a correction turn, but turned the ship harder to port, which caused the ship to list severely at that speed. I don't know if the junior corrected his blunder or if the skipper had returned to the bridge and eased the hard over helm, but the problem came out within minutes of the USCG arrival aboard the ship.

This is the first report of what actually occurred on the Crown Princess this last week.

Unconfirmed reports are coming out that there may be much more to the story.  There is some information that the Crown Princess did not take on water ballast prior to departure from New York, which would have allowed it to save on fuel cost.  There is further information that this would be against safe operation procedures and perhaps against regulations mandating ballast prior to leaving port. Water ballast provides stability to the ship.  Without water ballast, the ship would have been far more prone to listing.  If these reports turn out to be true, Princess Cruises could be subject to punitive damages for gross negligence.

Another contributor provides this information about a severe boat list back in February, 2006 aboard the Grand Princess:

My family was on the Grand Princess in February, on the first day out (approx. 4 hrs. from Galveston), when we "tipped".  It was the most horrible day of my 63 years.  We were never told what happened, never apologized to, was repeatedly told it was routine, and in general were left in the dark.

I am told by a Princess employee during disembarkation, that 44 semi's were loading merchandise to take care of everything broken on the ship.  We were in the dining room when it happened and all of the dishes, stemware and etc. was broken.  Everything in the gift shops including liquor all over the ship was broken, television sets and etc. I only learned in an article written about this accident that our ships problem was "human error".  Duh! I think we all deserved compensation. Princess would not go back to port even though many of us wanted to go back.  We spent a week aboard with not all of the amenities.

It seems hard to believe that these ships are so vulnerable to heal over as a result of human error. And how much training is being provided to the crew who are authorized to touch the helm if either of the above accounts are true?

These reports confirm reports yesterday (7 ship list incidents recently) that ship listing is a common and severe danger on board cruise vessels. Ship owners must know this to be true. The only question now is what is being done to make sure it doesn't keep happening again and again....

Contact the Traverse Legal law firm for a free consultation with an admiralty and maritime attorney to understand your rights or call now 231-932-0411.

Princess Cruise Passage Contract

Crown Princess passengers must be keenly aware of the passenger contract they agreed to when they purchased their tickets. Many attorneys who do not practice in this area of law can miss important dates for providing notice, filing a lawsuit, damage limitations on compensation for injuries, choice of venue clauses, limitations on damages for property damage and mental distress and similar issues.  Read your ticket carefully and contact the Traverse Legal law firm for a free consultation with an admiralty and maritime attorney. It is critical that you know and understand your legal rights so you can make informed decisions. 

Here is a link to the Passage Contract listed on the Princess Cruises website. This passage contract may be the one that controls your rights in the Crown Princess maritime accident.  Reviewing this passenger contract will give you some idea of the limitations which likely exist if you were injured in the Crown Princes accident and are exploring your legal rights. 

Here is a key damage limitation provision as well which may (or may not) apply to those injured in the Crown Princess accident:

17. NOTICE OF CLAIMS AND SUITS; TIME LIMITATION; VENUE.
Notwithstanding any provision of applicable law to the contrary, in cases involving claims for emotional or bodily injury, illness to or death of any Passenger, no lawsuit may be brought against Carrier unless (a) written notice giving full particulars of the claim is delivered to Carrier within 6 months, (b) a lawsuit on such a claim is filed within 1 year from the date of the emotional or bodily injury, illness or death, whichever comes first, and (c) valid service of the lawsuit is made within 90 days of filing the complaint. In all other cases, no lawsuit may be brought against Carrier unless (a) written notice giving full particulars of the claim is delivered to the Carrier within 15 days of termination of the Cruise, (b) the lawsuit on such claim is filed within 6 months from the date the Cruise terminated and (c) valid service of the lawsuit is made within 90 days of filing the complaint. All disputes and matters whatsoever arising out of or relating to Your Cruise, including for personal injury, illness or death, shall be litigated by You individually, and not as a member of any class. If you choose to sue Princess Cruises Lines, Ltd., then such claim must be litigated by You before a court located in the County of Los Angeles, California, U.S.A., to the exclusion of the courts of any other country, state, city or county. You hereby waive any venue or other objection that may be available to any such action or proceeding being brought in any court located in Los Angeles, California. The limitations set forth in this Section 17 shall also apply to and be for the benefit of any agents, independent contractors, concessionaires and suppliers of Carrier.

PRINCESS CRUISE LINES, LTD. As Operator and Agent for Operator Revised 01/05

Given the new reports that a junior crew member panicked and caused the severe list in this accident on board the Crown Princess, there is no question that those injured are entitled to  compensation for their injuries.  Negligence is clear.  Given the large number of similar situations on other cruise ships caused by human error, one has to wonder what the Cruise industry is doing to correct these repeated and common incidents.  Passengers could have been killed.  Many were injured, some seriously.  It is time to make serious changes in protocol on the bridge, increase crew training but systems in place which will reduce the risk of catastrophe in the future.

Here are some more links:

• Honeymooners share tilted cruise ship video their nine-day Caribbean cruise was idyllic until the Princess cruiseliner took ... two cruiselines - Royal Caribbean and Carnival - say for an accident like this ...
• I-Team: Cruise Ship's List Caused By Human Error .. has told the WESH 2 I-Team that human error, not the automatic pilot, caused the accident. A series of still pictures aboard the Crown Princess on Tuesday ...

Crown Princess cruise ship accident

PORT CANAVERAL, Florida (AP)

A steering problem caused a new cruise ship  -- a Crown Princess cruise ship   -- to roll abruptly Tuesday, throwing passengers and crew to the deck and injuring dozens, including two critically. At the time of the accident, the ship was on autopilot and its captain away from the bridge.

One passenger said seawater flooded several upper decks of the Crown Princess, forcing water from a swimming pool "like a mini-tsunami," and breaking windows and furniture.

Passengers said that the British captain, Andy Proctor, of Aberdeen, sounded panicked when he addressed sobbing passengers over the ship's loud speakers. "He was out of breath and he was extremely scared,"  said Patrick Phillips, of  New York. Captain Proctor has 35 years experience  on the high seas.Matt Bergen, of Florida, said that even members of the British and Italian crew were weeping and in shock. "People were yelling, screaming and crying, even the staff was crying. It was nuts," he said.

Besides an adult and a child who were critically hurt, 12 people were seriously hurt and about 70 had lesser injuries.  Thirty-three people were taken to Florida hospitals, he said. Princess Cruises is one of brands operated by Miami, Florida based Carnival Corp.and operates the Crown Princess cruise ship.

Before leaving Port Canaveral, the Crown Princess cruise ship had just completed a nine-day Western Caribbean cruise. The 113,000-ton Crown Princess cruise ship began sailing a month ago and was making only its its fourth voyage.

As with the Ethan Allen, ships which bring passengers on board for hire need to operate safely.  Lives are at stake.  People can be killed with even the most routine errors.

More Links of interest:

• Princess Cruises to Name New 2006 Cruise Ship the Crown Princess  Princess Cruises will debut the new Crown Princess in 2006. The new Crown Princess will be a sister ship to the Caribbean Princess.
• Cruiseclues Shipstips Princess Cruises Crown Princess Photos ...Where is Crown Princess? Crown Princess Cruise Ship Statistics ... Princess Cruises Crown Princess Deck Plans Pull Down on View Another Deck ...
• Crown Princess Cruise Ship Itineraries Complete listing of all Crown Princess cruise itineraries. For for live pricing and online booking on any Crown Princess itinerary, visit Destination.
• Cruise Out of Control On Way Back to NYC NY - But yesterday, the Crown Princess cruise ship tilted so far to one side that over 60 people were injured (2 critically, 16 seriously). ...
• Dozens Injured After Cruise Ship Tilts July 18,2006 | PORT CANAVERAL, Fla. -- The Crown Princess, a cruise ship making its fourth voyage, suddenly rolled ...
• Investigators inspect cruise ship that rolled to one side off Florida cost July 19,2006 | PORT CANAVERAL, Fla. -- Federal investigators examined a new cruise ship Wednesday to try to determine why the 951-foot vessel suddenly rolled to one side, seriously injuring 20 people...

Contact the Traverse Legal law firm for a free consultation with an admiralty and maritime attorney to understand your rights or call now 231-932-0411.

'Listing' of cruise ship Crown Princess not isolated

The sudden tilt of the Crown Princess this week near Port Canaveral is at least the 7th similar incident in the past year.

The sudden tilt of the Crown Princess that threw passengers across the deck of the new cruise ship this week appears to be the most severe of seven such recent cruise ship accidents.

The accidents occurred on ships run by three major cruise lines, including Princess Cruises, which operates the month-old Crown Princess which sent more than 90 people to the hospital Tuesday as it lurched to the side about 11 miles out of Port Canaveral.

Contact the Traverse Legal law firm for a free consultation with an admiralty and maritime attorney to understand your rights or call now 231-932-0411.

NTSB Issues Ethan Allen Investigation Report

Here is the Executive Summary:

NATIONAL TRANSPORTATION SAFETY BOARD
  Public Meeting of July 25, 2006
  (Information subject to editing)
 
  Report of Marine Accident Report
  Capsizing of New York State-Certificated Vessel
  Ethan Allen
  Lake George, New York, October 2, 2005
  NTSB/MAR-06/03

This is a synopsis from the Safety Board’s report and does not include the Board’s rationale for the conclusions, probable cause, and safety recommendations. Safety Board staff is currently making final revisions to the report from which the attached conclusions and safety recommendations have been extracted. The final report and pertinent safety recommendation letters will be distributed to recommendation recipients as soon as possible. The attached information is subject to further review and editing.

EXECUTIVE SUMMARY

On the afternoon of October 2, 2005, the New York State-certificated public vessel Ethan Allen, with a New York State-licensed operator and 47 passengers on board, departed the marina at Lake George, New York, for a cruise of the lake. The vessel proceeded northbound along the western side of the lake at an estimated speed of 8 mph. As it neared Cramer Point, the operator began a turn to the right. At the same time, the Ethan Allen encountered a wave or waves generated by one or more vessels on its starboard side. Within a few seconds, the Ethan Allen rolled to port and overturned. It began to sink several minutes later. Operators of recreational vessels nearby observed the accident, proceeded immediately to the site, and began rescuing survivors. The operator and 18 passengers survived without injury. Three passengers received serious injuries, 6 received minor injuries, and 20 received fatal injuries in the accident. The resulting damage to the vessel and its components was estimated at $21,000.

The Safety Board’s investigation of this accident identified the following major safety issues: 

• Stability standards and procedures for passenger vessels;
• New York State’s use of manufacturer’s capacity plates to determine public vessel passenger loading; and 
• Regulation of New York State’s public vessels.

As a result of this investigation, the Safety Board makes recommendations to the U.S. Coast Guard and to the State of New York.

CONCLUSIONS

1. Weather conditions were not a factor in this accident.
2. The attempt of the Ethan Allen operator to turn the vessel into the on-coming wake before the capsizing was a normal reaction to the circumstances, but not timely enough to be effective.
3. Operator fatigue was not a factor in this accident.
4. Because drug and alcohol testing of the Ethan Allen operator as not done in a timely manner, the toxicological analysis was inconclusive.
5. The Ethan Allen’s hull structure and steering and propulsion components were not factors in the accident.
6. At the time of the accident, the bilge might have contained, at most, an insignificant amount of water which would not have affected the Ethan Allen’s stability.   
7. The addition, and subsequent modification, of a canopy changed the Ethan Allen’s stability characteristics.
8. Although U.S. Coast Guard regulations and New York State’s guidance to vessel owners did not contain clear requirements pertaining to testing after modifications, the Double Dolphin/Ethan Allen should have undergone a stability reassessment after each canopy installation and modification.
9. Because the Double Dolphin/Ethan Allen did not undergo stability assessments after the addition and modification of its canopies, it was certificated to carry too many passengers. The certificate of inspection permitted 48 passengers, but stability criteria should have limited the number to 14 passengers.
10. Although it was the Ethan Allen that was involved in this accident, the potential for capsizing was substantially the same for the de Champlain.
11. The combination of too many passengers, as permitted by the Ethan Allen’s inappropriate certificate of inspection, and the use of an out-of-date average weight standard for passengers on public vessels resulted in the Ethan Allen carrying a load that significantly reduced its stability, which made it more susceptible to capsizing on the day of the accident.
12. The Ethan Allen capsized as a result of insufficient stability, which made it unable to right itself from 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.
13. New York State’s reliance on manufacturers’ capacity plate data to determine maximum passenger limits on public vessels carrying more than six passengers for hire is an inappropriate use of the Coast Guard noncommercial boat standard.
14. New York State public vessel operators do not have a simple and ready means such as a mark on the hull to determine whether their vessels are overloaded.
15. For almost all of the passengers, survivability was not adversely affected by the presence of preexisting medical conditions.
16. The emergency response was timely and effective.
17. The postaccident actions of New York State to improve the level of safety of public vessels were prompt and, if implemented, will address issues identified in the accident investigation.

PROBABLE CAUSE

The National Transportation Safety Board determines 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 postaccident 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.

SAFETY RECOMMENDATIONS

As a result of its investigation of the Ethan Allen accident, the National Transportation Safety Board makes the following recommendations:

To the U.S. Coast Guard:

1. Provide guidance to States on U.S. Coast Guard standards for and assessment of stability of small passenger vessels. (M-06-XX)

To New York State:

2. Address safety deficiencies identified in the investigation of the Ethan Allen accident and issue technical guidance to vessel owners on inspection requirements for modified vessels, stability assessments and criteria, means for determining maximum safe load condition, drug and alcohol testing, manning, and safety briefings. (M-06-XX)

 

3. 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 U.S. Coast Guard’s small passenger vessel inspection standards. (M-06-XX)

The report and web cast are available here.

..........................................................................

Meanwhile, the ship owner continues to deny its negligence.

Defendants accused in the overturning of a boat that killed 20 elderly tourists last year on an Adirondack lake in New York argued in court papers they weren't at fault and the accident was caused by events beyond their control....

Attorneys for Shoreline Cruises and Captain Richard Paris deny any negligence, pointing instead to "an unforeseeable sudden emergency'' or to "an act of God.''

"It's our position that there was a wake that swamped the boat,'' said Fred Zinober, attorney for the company and captain. Paris told sheriff's investigators the same thing. The Ethan Allen was under its passenger limit of 50, had cruised before fully loaded and went out hundreds of times since it was modified and never had problems, he said.

As reported at The Insurance Journal.

___________________________________________

Suit blames Coast Guard in Ethan Allen capsizing. Scarano Boat Building cites federal government's approval of boat's capacity

Add the United States Coast Guard to the list of those who might be to blame for the capsizing of the Ethan Allen and the deaths of 20 senior citizens. That's what attorneys for Scarano Boat Building have done in U.S. District Court by suing the U.S. government to hold the Coast Guard responsible for its 1966 approval of the Ethan Allen to carry 50 passengers.

As reported at timesunion.com

___________________________________________

Ethan Allen Owners Say Accident Was “Act of God”

Shoreline Cruises Inc. of Lake George and boat captain Richard Paris are claiming that the accident which claimed the lives of 20 senior citizens last October on Lake George was an “act of God” and could not have been prevented....Also named as a defendant is Scarano Boat Building Inc. of Saratoga Springs which performed modifications to the Ethan Allen, replacing a canvas top with a heavier fiberglass canopy. Scarano also installed plexiglass windows around the boat which may have added to the instability.

The NTSB is continuing its investigation into the cause of the accident and expects to release a preliminary report in the coming weeks.

As reported in The North Country Gazette.

Controversy Swirls Around Sheriff's Dept Report

Controversy is swirling like a tornado around the Warren County Sheriff Department's finding that that there was no "criminal recklessness" or even "criminal negligence" by Shoreline Cruises or the Ethan Allen's captain Richard Paris.

The New York North Country Gazette wrote an article about Mr.Zdrojewski's call for a boycott of "a nation-wide boycott of tourism in Warren County, especially, Lake George" [article can be found here], including a link to this web site. A history of controversy surrounding Sheriff Larry Cleveland  as reported by the North Country Gazette can be found here.

Others commentators have weighed in on the boycott proposal on this blog, including:

• Karl Ruane: " I am not surprised with the attempts to cover this matter up by Sheriff Larry Cleveland, as he has been involved in numerous schemes to conceal wrong-doing by various elected officials AND police departments. At one point, falsely arresting a local newspaper publisher for exposing wrong-doings by local elected officials, in the end completely driving the woman out of business."
• M. Gilson: "The incident with the Ethan Allen was an accident and not negligence..."
• Jamie Patterson:  "Clearly this is what it was an Accident, pointing fingers, playing the blame game, boycotting a county. How will this bring what you've already lost back? How are you truly letting the dead rest in peace, with an ongoing war? I believe the company should face strict fines and that NY really should look at the requirements in place for sailing such vessels..."
• Kimberly McCarthy: "I am extremely sympathetic to everyone that has been affected by the Ethan Allen tragedy. ...   I feel if you would like to boycott the boating company, it is completely understandable. The boycott of an entire town would kill a community."
• Kenny Wood: "The tragedy on Lake George has definitely opened the eyes to the unsafe conditions of the boats that shoreline cruises operates. I agree with you that justice should be served for those responsible. The idea of boycotting the Lake George are though is ridiculous! Why should everyone who lives in Lake George suffer more by losing their main means of making money?"

My own two cents worth.  The Sheriff's department report is a farce.  As an attorney, I see negligent homicide cases brought against the drivers of cars all the time when their negligence causes death (an there does not need to be drinking involved).  What is interesting here is that the Sheriff's Department reached their conclusions before most of the facts which might impact the issue of recklessness/negligence have been revealed by the NTSB.  What if it turns out that the NTSB report (due out this summer) finds that the bilge pump was neglected, that the owner/operator new that the vessel was unstable with 48 people on board etc etc? 

Further, the suggestion of "no criminal charges" were first reported months ago, before much of the basic information was even available. It does appear that this report was outcome determinative.

Warren County Sheriff's Investigation Report Posted Here

Traverse Legal recently received the Warren County Sheriff's  Investigation Report regarding the Ethan Allen boat tragedy, and we have made those available here. Below are the links to the different aspects of what we received; including the sheriff's report, the sheriff's scuba team photos, and the case photos.

Warren County Sheriff Report

Introduction by Sheriff Cleveland

Case Report Detail Information

Incident Report

Supplemental Reports

Detail Call for Service Report

Radio Logs

NYS Incident Report

Statements- Victims

Statements- Witnesses and Others

 Property Records (pt1)

Property Records (pt2)

Death Certificates

Photo Logs

NYS Boating Accident Report

Operating Certificates and Licenses

Associated Person Reports

Miscellaneous

Case Photos 05-13724
    The photos were separated into 5 MB size files, see below for the posted pictures.

Case Photos pt 1

Case Photos pt 2

Case Photos pt 3

Case Photos pt 4

Case Photos pt 5

Case Photos pt 6

Case Photos pt 7

 

Continue reading "Warren County Sheriff's Investigation Report Posted Here"

Ethan Allen May Not Have Been Insured

There has been a lot press these last few hours concerning the potential lack of insurance available to victims of the Ethan Allen tragedy. Here is a Google search of those reports.

How a company running a tour boat operations the size of Ethan Allen, and the larger boats in their fleet, could settle on $2 million dollars worth of total insurance is incomprehensible. Now that limited source of compensation for victims may not be available at all. Essentially, the insurance company is taking the position that Shoreline Cruises only purchased insurance to cover the boats while they were on shore. There has been some suggestion that this insurance company may not have been legitimate.

Of course, Shoreline Cruises is a substantial company which appears to have substantial assets. Their failure to buy adequate insurance simply means that their own assets are on the line to the victims. If Shoreline Tours bought their insurance through an agency, that agency may have negligently placed it in the wrong policy. The agencies insurance company may then come in to play.

So what does this mean for Ethan Allen victims? It means that there is yet another turn and twist in this unfortunate tragedy. Companies buy insurance so that victims are compensated if they mess up. The failure of a company to buy adequate insurance or the right insurance means their own assets is exposed. However, if the victims of the Ethan Allen tragedy are left without compensation, then Shoreline Cruises would have done them a double injustice.

Stay tuned. This is not the end of this discussion but yet the beginning. Further, we are in the process of bringing all of the Sheriff Department documents online so that everyone has access to them.

Ethan Allen Investigation Widens

The Post-Star on-line news has reported that the investigation of the cause of the Ethan Allen capsize has widened.

Federal investigators revealed Tuesday they have brought three contractors who did work on the Ethan Allen into the investigation of what caused the tour boat to sink, including one to look at whether the boat's engine coolant pump was working properly.

Had the coolant pump not been functioning correctly, it could have been bringing water onto the boat and adding weight, officials said. Some believed the pump did not appear in perfect order after the boat flipped over on Lake George, Warren County Sheriff Larry Cleveland said.

The National Transportation Safety Board announced Tuesday that three private companies that worked on the tour boat had become part of the investigation, including the English company that manufactured the coolant pump, Hypro Marine.

Also involved were Albany boatmaker Scarano Boats, which manufactured the Ethan Allen's canopy, and Cummins Inc., which built its engine.

The NTSB's timetable to complete the investigation is expected to be complete within the next nine months or so. Here is the NTSB announcement concerning the new investigation items http://www.ntsb.gov/Pressrel/2006/060103.htm.

Here are some further articles concerning the new investigation scope:

• NY Times
• Albany Times (The owner and operator of the vessel, Shoreline Cruises of Lake George, has denied wrongdoing in the Ethan Allen's capsizing. It said the ship went over accidentally, possibly when it was hit by the wake of another vessel.).

The Pursuit of Justice For Ethan Allen Deaths

There are a number of new comments that have been posted by Ronald Zdrojewski, the son-in-law of William Gilson who died on the Ethan Allen. Mr. Zdrojewski makes some very strong points about the lack of consequences for those who caused the death of the Ethan Allen passengers.

• Number 1
• Number 2
• Number 3

Mr. Zdrojewski is not interested in litigation.  But he does want justice.  He notes: 

We have been contacted by a reporter of the New York Times, that the driver of the boat was a retired State Trooper. We were told that your department did not take an alcohol blood test until 46 hours after the incident. Is there some kind of protectionism going on? I must say, that Jan and I are not interested in pursuing a law-suit of ‘wrongful death’, since that won’t bring her parents back to life. What we would desire, is to have all of the individuals involved in these killings, to be arrested and go to jail and end a good portion of their lives. This includes the captain and the owners of the Company, who wanted to push as many people on the boat as possible, so they could make more money.

I am very sure, the captain knew he was taking on too many passengers and the boat would lean one way or the other according to an uneven amount of weight of the passengers. However, the more people, he could get on board, the more money he would “take in.” Was this a push from the owners of the company or was he trying to look “good” as to how much money he could bring in? In any event, it seems to me that there is some kind of wait for a law-suit to pursue, and “let’s get it over”, and everything will quiet down. Not so! If no one is arrested for “Negligent Homicide”, then there will be a law-suit.

This sentiment is the core of what drives civil tort lawsuits.  Family members, contrary to popular belief, don't start out lawsuit pursing money damages as their primary goal.  However, they do want and need to know that justice is done.  When the criminal system protects its own, or there are not criminal ramifications for negligence, civil lawsuits become the best and often only way to hold people accountable. 

Another issue to consider. An accident is considered to be a happening where no one is at fault. I would consider a piece of rock falling from space and hitting my home an accident. However, when people are involved in motion, there is no such thing as an accident. The human being has control, or lack of control as a result of poor attention to what he or she is doing.

Here is another comment by Joe Benedict  which caught my attention.  Joe makes a great point about the lack of significance that the weight average had not been changed by the Coast Guard regulations (even assuming they had applied) given the gross instability of this vessel:

With the shape of the hull, and no keel, center of gravity higher with added roof, any halfway smart person could figure that was like putting 5 people in a clawfoot bathtub and then trying to take a corner. It may have 'floated' with capacity stated by inspectors. But in a straight line. I never ever would have got on that boat.This was about revenue per seat. period . It should never have been cleared for that many people. 140lbs or 170lbs a person doesn't matter. (30lbs x40ish =1200lbs) not much. That is a ploy to throw off the scent. this was about money, not safety.

Is Litigation The Answer To The Ethan Allen Tragedy?

There is an interesting debate on the pros and cons of bringing litigation to compensate families of Ethan Allen victims found here. You are invited to participate.

It is essentially a debate about our court system and how we as a society assign responsibility for negligent (versus intentional) behavior by companies operating for profit. It is a debate which has been going on since the beginning of our country.  In a world were tort reformers would like to lock people from the court system all together, the Ethan Allen tragedy provides an interesting backdrop. 

• Should family members simply walk away without any compensation, any vindication or without having their day in court?
• Don't we all pay insurance premiums every month to make sure we can compensate people who are injured if we happen to make a mistake which takes lives?
• What good can come from filing a lawsuit in a case like this?

Thank you Patti for starting the discussion.  Although we disagree on some points, I appreciate your thoughts and your sympathy to your friends at Shoreline who, no doubt, will also carry this tragedy with them for the rest of their lives. 

Continue reading "Is Litigation The Answer To The Ethan Allen Tragedy?"

Company Which Modified Canopy Identified

Scarano Boat Building, Inc., located on the Hudson River in Bethlehem just south of the Port of Albany, worked with Shoreline Cruises owner James Quirk beginning in the late 1980s and built Shoreline's two larger tour boats, the 115-foot Adirondac and the 85-foot Horicon. In addition, Quirk hired Scarano to do work on Shoreline's two 39-foot boats, the Ethan Allen and de Champlain. In 1989, Scarano workers replaced the two boats' metal-pole-and-canvas tops with wooden tops.

There is an open question about whether the modifications impacted the stability of the Ethan Allen. The Scarano web site is listed here.

New Information About The Ethan Allen

The New Yok Post-Star has reported some new information about the construction and modification history of the Ethan Allen cruise ship.

The Ethan Allen and its sister ship, the de Champlain, were built by The Anchorage Inc., a Rhode Island boatbuilder. Shoreline had significant modifications made to both boats in the years after they were brought to Lake George, officials said.

Basic information about the company is listed on the internet as follows.

Anchorage Inc.

Private Company, Headquarters Location
57 Miller St., Warren RI 02885, United States
(401)245-3300, (401)245-3302 fax, Primary SIC: Boat Building And Repairing, Primary NAICS: Boat Building

Dyer indicates on a web page that The Anchorage Inc. is a builder of DYER® Boats. Here is another quote:

The Anchorage, Inc. has been building fine boats since 1930, when Bill Dyer founded the company. One of the first boats to be built as the 10' Dyer Dink, a wooden lapstrake dinghy. It was followed, in the early 1940's, by a plywood version of the 9' Dyer Dhow.

A Google search of the Dyer web site returns these results.

Warren County Sheriff To Release Investigation Report

Already besieged by Freedom of Information Law requests, Warren County Sheriff Larry Cleveland said his agency has decided to publicly release copies of its final report on the Ethan Allen tragedy, possibly by the end of the month.

Cleveland said he has concluded that the report is public information, since the Sheriff's Department has decided not to file any criminal charges in the case.

The report would include whatever conclusions the department will be able to draw about what caused the tour boat to sink on Lake George on Oct. 2, killing 20 passengers. More here ...

Traverse Legal will post the report (expected to be approximately 100 pages) as soon as it is released.

3D Computer Animations Of Ethan Allen

Here are some great 3D animations of the Ethan Allen prepared and for sale at a company called TurboSquid (click each photo for larger image).

Detailed model of Ethan Allen Tour Boat that took 20 lives on Lake George, New York on October 2 2005. Detailed with folding windows in up position. Animations and Detailed 3d models of Lake George. Contact johnwhitesel@hotmail.com

Seeing a full profile from the bottom of the keel to the top of the canopy is striking. Notice how little of the vessel's bottom is below the waterline. In layman's terms, this boat appears top-heavy. This means that a knowledgeable boat owner / captain should have been aware that a stability problem might exist.

Update on NTSB Ethan Allen Investigation

I have had some recent inquiries about what was happening with the NTSB investigation.  It is typical for the NTSB to take a long time to investigate matters such as this one.  Thus far, the NTSB has issued three press releases in this matter.  The last one was November 4, 2005.  Here are the links:

• October 3, 2005 - NTSB Investigating Tour Boat Capsizing in New York.
• October 7, 2005 - (SB-05-30) Statement by NTSB Acting Chairman Mark V. Rosenker on Investigation of Sinking of the Ethan Allen.
• November 4, 2005 - Update on the Investigation of the Capsizing of the Ethan Allen in Lake George, New York.

The NTSB has indicated that it expects to take 12-24 months to issue its final report in this matter. But remember, the NTSB is still a political entity and will certainly not be the last word on who was responsible and how this accident could have been avoided.  The NTSB will be a great resource of information in terms of witness statements, chronology of events, background facts and the like.  Traverse Legal is working hard to obtain as much information as possible, without having to wait as much as a year or longer to see what the NTSB has concluded.

Grand Daughter of Ethan Allen Victim Speaks

One of the survivor's grand daughters has this to say about the Ethan Allen tragedy:

My Grandmother, Joyce Rochowiak, was one of the victims of the Ethan Allen tragedy. Where does the blame lie? I believe it lies with all entities involved: Shoreline Cruises, the New York Department of Parks & Recreation, and the captain,Richard Paris. Not one of these entities questioned the vessel's buoyancy (which Mr. Paris has admitted to being insufficient on previous outings on National News), or the lack of safety precautions (no dockside safety briefing, lack of crewmen, and a NY state law system that doesn't deem it necessary for senior citizens to wear life jackets). Should we overlook these facts because this was an "accident"? I don't believe so. While nothing can be done or said to bring my Grandmother back, she need not have died in vain. Somebody or some entity needs to be held responsible for an enormous tragedy and the resulting heartache that could have been prevented in so many small ways.

Isn't that the point?  If responsibility is not assumed or assigned, then many family members will believe that their loved one did, in fact, die in vein. There is only one way in which responsibility can and will be assigned, and that is through the civil court system.

Many citizens think that lawsuit are about money.  For most litigants, nothing could be further from the truth.  No one would trade a parent, grand parent or loved one for any sum of money.  Lawsuits, however, have the unique ability to force a defendant who refuses to take responsibility to sit in front of a jury of their peers.  That jury has the ability to clear them of blame, or point the finger of justice at them and say in a loud collective voice: "You are responsible; You must make changes."  The fact that jurors award money damages is in our civil justice system is appropriate.  What else would suffice?  Would we rather send these people to jail for negligence? 

Our jury system remains the only meaningful, definitive and emphatic voice which can assign responsibility to those whose actions cause needless deaths.  Since neither Shoreline company, the boat captain, nor anyone else has accepted responsibility for this needless tragedy, the jury system will have the final word.

Ethan Allen Captain Not Drunk

On November 4, 2005, the alcohol results came back from the Toxicology Center, and results were released to the media after The Lake George Boat Company. The results showed that the captain of the Ethan Allen had been drinking several days prior to October 2nd [see change below], but that he had not drunk alcohol on the day of October 2nd.

However, the results did reveal that the Captain had been drinking the night before the accident, as reported here.

Victims Trapped By Ethan Allen Windows

The most shocking piece of information that has come out thus far is reported on this Wiki.  Apparently, WRGB reported on October 20 that the glass windows on the boat had acted like a box. This trapped the passengers inside of the boat and the only way out was smashing through the windows.  It had also been confirmed that the 20 people that died had drowned due to the glass windows trapping them inside.

There is very little other information coming out from news agencies these last two weeks, as we all wait for the NTSB report.