Amtrak Train Crash in Washington State

Ethan Allen Converted From Liesure Craft

A naval Architect from Holland/France had this comment at the BoatDesign.net BBS about the Ethan Allen accident which I thought was very thoughtful:

I think the Ethan Allan is a perfect but bad example of re-converting a specific boat into something the original designer did not had in mind. We call this improper metaphorical use of an object, in this case a boat that has designed as a leisure one rather than being a kind of passenger ferry.

When companies convert boats for service outside their original intended use such as appeared to have occurred with this Dyer vessel, shouldn't they have to do testing to make sure the boat is seaworthy for that use?

Ethan Allen Tragedy Easily Preventable

There is a great post on how easy the Ethan Allen tragedy could have been to prevent.  Capt. Stephen Olson of Belfast editorializes that:

The sinking recently of the excursion boat Ethan Allen, with the drowning of 21 passengers, made clear that passenger vessel safety cannot be ignored. The regulations the U.S. Coast Guard has in place to ensure the safety of most passenger vessels are a good thing and if they'd been applied to the Ethan Allen, the tragedy could have been prevented.

But Coast Guard standards, inspections and testing were not mandatory for the Ethan Allen during its tenure as a tour boat, and the boat's owner and operator did nothing to perform the industry standard stability test absent such a  mandate.  It seems to me we have two choices when it comes to preventing preventable deaths: (1) add more layers of government regulation or (2) allow jurors the opportunity to decide if commercial tour boat companies should do more when it comes to their passenger safety. I would rather have my neighbor jurors 'setting the safety bar' for America, than any layer of government - state, federal or local. What do you think?

Was Lake George Capsize An Act Of God?

One commentator named Rex strongly disagrees with the suggestion that the Ethan Allen capsize on Lake George, New York was anyone's fault.  Rex states:

So you want to make a case for negligence? Have at it--tell us what was negligent. The boat complied with all Coast Guard and NYS rules and regulations. The proximate cause evidently was a wake created by a passing boat. The weather was clear and the normal waves on the lake were slight. Wind wasn't a factor. Sometimes accidents just happen with no one to "blame."

I respect Rex's opinion and agree that many things in life happen where there is no 'blame.' Perhaps blame will be too harsh a word for some people to use when examining what what occurred on Lake George. But I disagree that just because bad things happen to people every day means we should avoid the difficult task of assigning levels of responsibility and finding ways to increase awareness and safety.  No one intended this accident to happen but several players could have prevented it with a relatively minor amount of effort. Taking people out on the water is a heavy responsibility for any company. When we examine what was done to ensure the safety of Ethan Allen passengers, the answer thus far appears to be nothing.  No dockside safety briefing.  No life jackets where they can be used by passengers. The attempted compliance with minimal or non-existent New York Department Of Parks and Recreation regulations is hardly where most people would set the safety bar for a commercial enterprise taking people out on the water.

As suggested above, I do not agree with Rex that the Ethan Allen "complied with all Coast Guard and NYS rules and regulations."   No Coast Guard Regulations applied to the Ethan Allen since it was on an inland lake governed completely by New York law.  The Ethan Allen would have failed the Coast Guard stability test (as it did after the capsize) at about the 11 person mark.  Further, the boat was never tested for its capacity after it was modified by its owner/operator Shoreline Cruises. Nothing stopped Shoreline from testing stability using the standard coast guard test after it added so much more weight up high. Any reasonable ship owner would have wondered about this clear safety issue.  I know, I taught boating for over 9 years. I understand better than most because I used to be the person responsible for the lives of my passengers, both kids and adults alike.

As to the suggestion that it was the waves fault ... let's just say that if this was the standard we held commercial passenger businesses to, we would not have seat belts in our cars today, let alone air bags.  The wave the Ethan Allen encountered was no more unexpected than encountering pavement on the highway. Anyone who wants to blame a boat capsize on a wave is willing to rationalize anything. Many people today simply refuse to make anyone responsible for much of anything.  These same people sing a different tune, though when it is one of their family members needless killed in an otherwise easily preventable accident.

You can voice your opinion on this Wiki whether any of the following entities bare a level of responsibility for the Ethan Allen accident:  (1) Shoreline Tours (Organized the tour for Michigan victims); (2) Shoreline Cruises (owned and operated Ethan Allen); (3) NY Department of Parks & Recreation (Responsible to certify vessels for safety); (4) US Coast Guard (develops guidelines for safety including capacity); (5) Wake from the Mohican tour boat owned and operated by the Lake George Steamboat Company or another ship; (6) Dyer Boat Company (the manufacturer of the Ethan Allen boat hull).

Who could have best prevented this accident? Voice Your Opinion Here.

Ethan Allen Survivor Talks About Safety

Donna Cook of Hamburg Township gave the Ann Arbor News her first hand account of the Ethan Allen capsize on Lake George, but I thought this observation by Ms. Cook was the most important.

"It was a tragic experience I do not want to go through again,'' Cook said. "But the good of it is that changes will be made to these cruise boats. They're going to put these people through the ropes to make sure they're safer from now on.''

I expect that family members of those who dies and also those that survived will be motivated to make sure that improvement in in tour boat safety is increased and revised. This is one of the most important benefits that can come from litigation, a benefit that is sometimes lost if lawyers focus on contingency fees rather than client goals.

Using The Ethan Allen Tragedy As A Lesson

Traverse Legal has just launched a Wiki concerning the Ethan Allen tragedy on Lake George. Here, anyone can post information and discuss how this tragedy might improve safety in the tour boat, ferry business which services our waterways.

Who was more responsible for this accident? Voice Your Opinion Here.

Provide Feedback.

Message from Retired Coast Guard Inspector

As a lawyer, I am acutely aware that each tragedy presents an opportunity to prevent the next one.  This can only occur if all relevant questions are asked and accountability assigned. We are grateful to receive information from various visitors to this blog who are equally interested in this opportunity to increase awareness in public safety on our nation's waterways. Here is an email I received from a retired US Coast Guard Senior Chief, who says:

"I am pleased to know that there are persons who know right from wrong and care to do something about executing the right, and for those who do not know the right of life should start to learn before their ways injure or kill more people.

I am Patrick Napoleon Masseur Sr, a retired United States Coast Guard Senior Chief, with in the past among other duties, a small boat safety inspector. of all the possible conditions and situations which may have caused the Ethan Allen to Capsize mentioned, are a probability, and the few that I as a retired Coast Guard small boat inspector could, of what pictures I have viewed and of what I have read I would contribute first, all of that extra added weight of the glass siding and roof enclosing this forty foot small boat, alone would make this boat top heavy. another the seating benches of uneven numbers from the center line three on one side and two benches on the other side, let alone if they were able to move and not fastened down, and also persons sitting on them being able to slide to one side or another by the Ethan Allen maneuvering under way. The main and most important condition for safety and overloading, is two many persons on the boat, for a forty (40) footer, but The state of New York it states that  was all right by their standards, but I believe that in what has happened, they should take heed to what The Coast Guard standards might be. Another factor and probable the one that broke the camels back, is what the captain had stated that he tried steering away from the waves of which would be hitting the side of the Ethan Allen, which means that he had turned hard starboard (to the right) making the boat a bigger target for the waves to hit,and help to roll the boat in the direction of possible roll over. The boat should have been turned hard port (to the left) and headed the bow to head into the waves or swells the boat may have acted a little rough riding but it would have kept the boat upright, with a little more pitching which the boat would have handled alright. Just turning hard right would have made the boat roll or lean over (to the right) starboard)  and that the waves or swells would be beating on the raised side (left side) making the boat that much more of a rollover condition.

As the former Captain of the Ethan Allan, stated (50) persons were to many for that size boat. Life jackets are a must, and have to be on the vessel one for each person when under way, along with other equipment by law and good common sense to be worn by any person that may not be able to get one self into the life jacket, and in this case should have the life jacket on after entering the boat, before sitting down and or the boat getting under way, by the person or persons in charge and this would be the captain or mate. I am very sad to see and hear about these accidents, when it is so easy to do the right thing if not knowing one should make it his or hers responsibility to know. I believe that the small boating laws and inspection must be performed by persons that are in the knowing the laws and safety precautions of all matter. I thank you for letting the computer viewers answer with their views and additions to this tragedy. I have been retired from the United States Coast Guard going on (41) years but still remember my duties.

Thank you again.  Patrick N. Masseur Sr. Retired Senior Chief,. 1901 Glen Avenue Beloit, Wisconsin 53511."

This web site will be a memorial to those who died on Lake George and will ensure that the lessons which are learned are not forgotten. I encourage anyone with thoughts or information to contact us, or post a comment using the comment link at the bottom of each post.  Enrico Schaefer, Traverse Legal, PLC.

Ethan Allen Was No Freak Accident

Tim Towle, president of Shoreline Tours & Travel, the Kingsville, Ontario-based tour company that organized the Ethan Allen boat tour, called the Ethan Allen capsize "a freak accident." The Shoreline President initially indicated in published reports that Shoreline "will not change how it runs tours as a result of this accident."  The boat was apparently owned and operated by Lake George Shoreline Cruises.  Shoreline Cruises, Inc. corporate information is located here.  It has been stated that these are two separate companies, although it is unclear whether it is shear circumstance that they share the name "Shoreline"

I can only hope that one or both Shoreline companies change their tune or they may be singing all the way to 21 or more jury trials, who can explain in monetary dollars that it might be appropriate to think safety before profits.

The families of the victims, and those who survived, want someone who could have prevented this accident from happening to step up and take responsibility.  Shoreline Cruises, Inc. is the primary party which could have prevented this accident, period.  These family members want to make sure that something good comes of their loss.  Both Shoreline companies are in a unique position to make that happen.

It may be less a question of what Shoreline knew, rather than what they should have known about the ill-fated vessel.  It may be a question of how little they did to ensure the Ethan Allen's safety, rather than spouting press quotes about the vessel's self-proclaimed 'perfect safety record.'

I would recommend that at the appropriate time, which draws nearer each day, the Shoreline Companies do something unprecedented and take a level of responsibility for what happened.  No one is saying that Shoreline or the boat's pilot Richard Paris did this on purpose.  However, nearly everyone will agree they they are the only ones who could have prevented this tragedy.

It is now clear that the Shoreline companies failed to take safety seriously enough. This is especially true given the near certain prospect of drowning if anything bad would happen to the Ethan Allen while on the water with this largely elderly passenger list, even on a nearly perfect autumn day. 21 senior citizens who should be enjoying their most precious twilight years paid the price because Shoreline dropped the ball on safety issues they clearly took for granted. Shoreline Tours constant press releases that insist they did nothing wrong will inflame the affected, as it would anyone in their position.

Maybe Shoreline Cruises should review these links Sorry Works, Doctors say "I'm sorry" and “Sorry” Works" to learn how the simple act of saying "I am sorry" resolves disputes which would otherwise have no other choice but go to litigation so the jury can tell them they were wrong.  Maybe both Shoreline companies should donate a substantial fund to educate the tens of thousands of tour, cruise and charter boats companies across the Unites States to about the importance of safety, when it comes to issues involving passenger capacity.

Will the Shoreline companies take a leadership role or will they blame it on the waves?  Only time, and Shoreline owners and operators, know the answer to this most critical question.

Butterfies on the 'Shoreline Cruise' Docks

I could not resist posting this link to a blogger in New York @ Lake George this morning watching the media chaos unfold.  He took some pictures of butterflies, perhaps gentle spirits of those lost in this needless tragedy ....

uploaded a few new photos, including a picture of this beautiful butterfly that perched on a flower near the steel pier in Lake George. While I was walking down Beach Road, there was a swarm of media people gathering on the steel pier to broadcast their coverage of the Ethan Allen tragedy. I took a few pictures of the media chaos, and then happened to notice a group of butterflies fluttering around in a small garden next to me, resulting in a gorgeous closeup shot of one butterfly spreading its wings. It was strange to see in light of the tragedy that recently happened, and the media frenzy taking place only a few feet from me, this serene world of butterflies and flowers that were completely at odds with the chaos surrounding it.

Thank you to the Habitation of Justice blog, where "One man takes on the world in an epic battle for truth and justice."  What an appropriate blog title under the circumstances.

Letter To Warren County Sheriff re Ethan Allen

Dr. Kenneth W. Fisher, a forensic naval architect in New Jersey, advised me that he sent the Sheriff of Warren County (NY) the following message soon after the accident:

"As a forensic boating expert, on many occasions I have observed that rapid capsizing is often the consequence of the presence of too much water in the bilge coupled with an external stimulus. I suggest you interview survivors to ascertain any recollections of whether water had accumulated in the bilges of the capsized boat. Also you may wish to investigate whether the boat had an operable bilge pump, and when it was last proven in operation."

Dr. Fisher's firm, Fisher Maritime Consulting Group, has a website: www.fishermaritime.com. Or you can write to Dr. Fisher at kfisher AT fishermaritime.com.

How would they check to see if there was water in the bilge at the time of the accident?  Witness statements will be important.  If there was water on the floor boards while the vessel was rocking in the waves, that would indicate that the water was coming from below those floorboards (ie the bilge) as opposed to from the lake. There should be stains on the interior bilge if water was a regular problem.

The test showed that Ethan Allen not appropriately certified for 48 people

The Detroit News is reporting that the Ethan Allen was most certainly overloaded with 48 people when it capsized.  In fact, the NTSB (National Transportation Safety Board) was forced to abandon its test because of instability issues.:

"The test showed that it is not appropriately certified for 48 people," said NTSB acting chairman Mark Rosenker.

The investigators' plan was to move eight 55-gallon drums, each weighing about 477 pounds, to one side of the boat -- a standard Coast Guard test meant to determine how stable passenger boats are. But after moving just three -- the approximate weight of 10 passengers -- the boat began to lean dangerously to one side, forcing them to abandon the test."

What this suggests to me is that other passengers who road on the Ethan Allen will become vital witnesses in this investigation.  Recall the prior captain of the Ethan Allen who worked for Shoreline Cruise indicated he thought 50 people was too many in his experience with the vessel. Unless there was another contributing factor (such as water in the bilge), stability would have been an issue on previous trips.

Here is what one maritime expert and passenger on board the Ethan Allen's sister ships says about his experience:

Stephens, a licensed shipmaster from Long Island, N.Y., rode on the Ethan Allen's twin sister, the de Champlain, with 10 people Sept. 28 and said it was scary.  "Every time we rolled over a wave, I felt like we weren't coming back," he said. "Every time we made a sharp turn, I felt the boat was unstable. You can imagine if she was making me feel unsafe with 11 people ... what it would be like with 48."

Meanwhile, The Detroit Free Press is reporting that it obtained the weight information from driver's license records of passengers of the Ethan Allen and determined that: "The elderly tourists who were packed aboard the Ethan Allen when it capsized and sank Sunday almost certainly weighed 1,000 pounds more than the standard used by the state in setting its passenger limit..."