In this case, the yacht and crew made it to safe harbor in Charleston, unlike the two unfortunate racing sailboats that together lost nine crew members in tragic yacht accidents of the California coast in April 2012. Ocean racers must take note of and remember the many dangers of open-ocean adventures.
]]> One of the co-skippers of the Class40 yacht heard about the recent tragedies while at sea, calling it very "sobering" news. In one of the California coast accidents, near San Diego, the yacht ran into a small island off the Mexican coast. None of the crew was wearing life jackets for reasons unknown. During the other accident, near San Francisco, seven of eight crew members were swept overboard, with five of them dying.Interestingly, the U.S. Coast Guard issues up to 15 permits around Charleston to inshore race organizers each year. However, no permits are necessary for offshore races, leading to confusion and miscommunication at times. Even non-sailors are aware that the competitive intensity of racing often leads to skippers taking some risks far beyond those posed by pleasure cruising.
Those risks often include weather, which can change for the worse rapidly in the open ocean. As the wind and swells increase, yacht racers can seldom out run the weather and must battle through it. Skippers and crew members, however confident in their yacht they may be, must prepare for the worst and consider safety their number one priority.
Source: Post & Courier, "Recent deaths a sober reminder for ocean sailors," Jeff Hartsell, May 13, 2012
]]>A man who was a deckhand on the M/V Int'l Courage, sustained injuries after slipping and falling on the deck of the vessel. Because of those injuries, earlier this month the man filed a lawsuit against his employer, International Offshore Services. In the lawsuit, the man alleges that he sustained severe injuries to his back and neck when he slipped on a substance that was on the deck after leaking from a cross-threaded plug in a fuel drain pan.
]]> He claims the accident occurred due to the employer's negligence in failing to provide a safe place to work, not maintaining the vessel in a safe and proper condition, and its failure to keep the slippery substance from leaking onto the deck by replacing the cross-threaded plug.The total amount of damages the man is seeking is more than $2 million. That amount is to cover the following:
Cases such as this one, where injuries are sustained while on the water, are covered by Maritime law. Though similar to other types of personal injury claims, they move through their own separate process. Accordingly, it is important to work with an attorney who is knowledgeable in the subject.
Source: The Louisiana Record, "Deckhand sues for $2 million after slipping in fuel," Michelle Keahey, May 7, 2012
]]>The July 2010 accident occurred on the Delaware River when a barge that was being pushed by a tugboat, ran into the duck boat causing it to capsize and sink. Two of the 37 people who ended up in the river, both students, did not make it out alive. At the time of the incident, the young women were visiting the United States from Hungary.
]]> Earlier this week a federal wrongful death trial commenced. The families of the 16 and 20-year-old named two defendants in the case, the tour boat operator, Ride the Ducks, as well as the company that operated the tug boat that struck the amphibious vehicle, K-Sea Transportation. The lawsuit alleged that both defendants failed to have safety policies that were effective. It also asserted that the accident was due to ineffective training and procedures.At the time of the incident the man piloting the tub boat was on his cell phone dealing with a medical crisis concerning his child, and appears to have not seen the 33-foot-long vessel. Last fall, he was sentenced to a year in prison.
Before the wrongful death case could be heard however, a settlement between the parties was reached. As a part of the settlement, $15 million will be divided between the families of the deceased young women. An additional $2 million will be divided between 18 of the passengers who managed to survive the ordeal.
The money will not do anything to bring the young women back, but it may make it easier for their families to move forward with their lives.
Source: CBS News, "$17M settlement in deadly Philly duck boat crash," May 10, 2012
]]>However, in the wake of several wrongful death claims -- with more certain to come -- Costa now has a slew of safety regulations aimed at avoiding a repeat of the horrible scene endured by the passengers of the Costa Concordia.
]]> One of the most impactful changes is real-time monitoring of the Costa ships' routes. Italian prosecutors have alleged that the Costa Concordia's captain -- who has been under house arrest since the hours following the wreck -- recklessly and needlessly got too close to shore in order to show off to people on the island. Tracking of the ships' location would alert people monitoring the crafts' progress when one of the vessels has deviated from its agreed-upon route.A further reform involves a modification of the crew's power structure. Instead of absolute authority belonging to a ship's captain, the new regulations will disperse some of that decision-making power to members of the crew, particularly during complicated maneuvers such as pulling into port.
The cruise line company also announced that it will better track the safety training given to passengers. Many on board the Costa Concordia said they had received inadequate training -- or no training at all -- for evacuating the ship in an emergency. A new system will flag those passengers who miss the initial training for whatever reason to ensure they are adequately informed.
Source: seattlePI.com, "Costa launches new safety measures after grounding," Nicole Winfield, May 5, 2012
]]>A few hours after the yacht's disappearance, various boats around the Coronado Islands found debris in the water. The Coast Guard responded and their search confirmed the wreckage, including the rear transom stenciled with the yacht's name. Within 24 hours, along with mangled debris, the Coast Guard discovered three crewmembers' bodies, with one additional person reported missing. A search for the missing crewmember was suspended the next afternoon.
]]> While the cause of the boating accident remains unclear, the tragic event appears to involve a collision between the yacht and a much larger cargo ship. The larger vessel may not have seen the racing yacht or even be aware the fatal collision occurred. The racer also apparently never sent a distress signal or mayday call, further clouding the issue.Without an immediately available crew list, it is unknown how many crewmembers the yacht carried. NOSA stated that the Aegean could have sailed with five or more crewmembers. Heavy weather is not likely, as conditions were lighter than usual at the suspected time of the event. Winds were only averaging one to two knots in the area of the collision.
This tragic event recorded the first fatalities of the NOSA race after 65 years of competition. Do you have any suggestions about reducing the likelihood of such a tragedy in open water or congested deep-water harbors?
Source: gCaptain, "At Least Three Yacht Racers Killed After Apparent Collision with Large Cargo Ship off California Coast," April 30, 2012
]]>The National Transportation Safety Board has finished its investigation into the incident and is expected to issue its full report soon. In the meantime, a synopsis of the report has been made available. It indicates that the accident resulted when one of the vessel's two cycloidal propellers lost propulsion control due to a solenoid failure in a propulsion control panel.
]]> Because there was not an alarm to inform the ferry's crew of the problem, no one was aware that anything was wrong until just moments before the collision with the terminal. As a result, it was not possible to take any actions to try to avoid the crash. As a part of its recommendations, the NTSB indicates that the addition of such an alarm that would provide a warning that could be both heard as well as seen would be beneficial.The Andrew J. Barberi has seen its share of problems. In 2003, 11 passengers died and an additional 70 people were hurt in a serious accident. At least some of the recommendations provided by the NTSB after that accident appear to have been implemented prior to this accident.
Fortunately, no one died in this incident. Hopefully the recommendations provide this time will prevent any further accidents for the ferry.
Source: gCaptain, "NTSB: Faulty Valve to Blame in Crash of Staten Island Ferry, Andrew J. Barberi," April 24, 2012
]]>Now the cruise industry is implementing new safety standards to prevent future injury and accidents. New changes to industry standards include the following:
]]>According to industry professionals, these new safety measures are intended to safeguard against some of the mistakes that caused the collision and death of passengers in January's cruise ship accident. Industry leaders as well as families of victims hope that efforts made towards passenger safety can bring awareness and prevent future accident, injury and wrongful death.
Source: CNN, "Cruise ship industry adopts new safety policies," Jim Barnett, April 25, 2012.
]]>A deck foreman is seeking is compensation for a groin injury he sustained while working via a Jones Act lawsuit. The immobility resulting from the strain and hernia he received in the incident in September 2011 resulted first in deep vein thrombosis and then a pulmonary embolism.
]]> The man was hurt while working with a pallet jack and a crane on a flag jack-up drilling rig. He was reportedly trying to attach the two when the groin injury occurred.The injured man filed the lawsuit earlier this year against Ensco Offshore Co. As is the case in all Jones Act cases, he alleged that the vessel upon which he was working was unseaworthy. In addition to both past and future medical expenses, the man is seeking compensation for:
He has also requested that the defendant pay court costs.
Ensco responded to the complaint last month claiming that the seaman failed to explain how the company was negligent. It also claims he did not explain how the rig he was on when the accident occurred was unseaworthy. Accordingly, the company is seeking to have the court grant its special exceptions.
How the court will rule remains to be seen. What all individuals who work on the sea can take away from the case is that there is a mechanism by which they can seek to recover compensation for their injuries.
Source: South East Texas Record, "Ensco Offshore takes exception to seaman's groin injury suit," David Yates , March 21, 2012
]]>Recently, a man who was injured while working as a deckhand settled the lawsuit he filed against the city where it happened. The ferry worker injury case settled for $1.2 million.
The man was injured in an accident that occurred nearly seven years ago involving a ferry. The man apparently fell when the wooden gangway upon which he was standing dropped. At the time, the ferryboat the gangway was attached to was moving from where it was stored over night. The ferry, the Andrew J. Barberi, was located at the St. George Ferry Terminal in Staten Island, New York.
]]> Though the distance between the gangway and the pier was only five feet, the deckhand was nonetheless seriously injured in the fall. He hurt his back in the accident which eventually made it necessary for him to undergo surgery on his spine. He has been unable to work since.The man sued the owner of the ferry, the city of Staten Island, under the Jones Act, alleging the vessel was not seaworthy. In a successful Jones Act claim, an injured seaman could receive compensation for medical bills, lost wages, pain and suffering, and loss of enjoyment of life.
As the case progressed there was some disagreement as to whether the man, as a shore-side deckhand, was considered a seaman in his position making the claim viable. That issue was slated to be determined by the jury at trial. Before that could happen however, the parties reached the settlement agreement.
Source: silive.com, "Former Staten Island Ferry deckhand settles with city for $1.2 million," Frank Donnelly, April 2, 2012
]]>A New York Waterway ferry boat crew rescued three people, two of which were tug boat crew members, after the mishap. The small tug boat, Katherine G., was about to transport a 60-ton construction crane when it rolled over. The ferry had just dropped off its passengers at Wall Street and was returning to Jersey City when the Captain viewed the Katherine G. in obvious trouble.
]]> Using a device called a "Jason's Cradle," the ferry crew completed the successful rescue. The ferry captain has some experience with this procedure as he also helped rescue people from the famous Flight 1549 during the aptly-named "Miracle on the Hudson."The ferry captain and crew told media representatives that they "prepare" for things like this. Although never knowing when a water-based accident will happen, they know they do happen more frequently than anyone would like.
Fortunately, the fast, effective action of the ferry crew helped minimize personal injuries. Only one tug boat worker needed to be transported to Jersey City Medical Center for observation, but he and the others should be fine. Incredibly, there were no serious personal injuries.
New York Waterway ferry crews have frequently been Good Samaritan life-savers. In the past 25 years, ferry crews have rescued over 250 people from New York City waters. Active, congested waterways will always be fruitful ground for boating accidents.
Source: The Miami Herald, "Cruising safely, minding the pleas and crews," David G. Molyneaux, April 1, 2012
]]>Source: The Miami Herald, "Cruising safely, minding the pleas and crews," David G. Molyneaux, April 1, 2012
]]>Passengers on yet another luxury cruiser recently feared capsize when the ship they were onboard sustained a fire in an engine room. Fortunately, unlike the outcome for some passengers on the Costa Concordia, all 1,000 passengers onboard the Azamara Quest, remained safe as the boat made its way to a Malaysian port.
]]> In fact, according to some passengers, despite the lack of air conditioning on the vessel, the atmosphere was downright festive. The crew reportedly provided a steady stream of free drinks along with food that was barbecued on the deck. A band was also reportedly on hand to contribute to the party-like setting.The ship apparently encountered problems when an electrical fire broke out in one of the ship's engine rooms. Though it was quickly put out, five crew members were reportedly injured due to smoke inhalation. The ship is run by Azamara Club Cruises, which is part of the more well known Royal Caribbean Cruises Ltd. At the time of the incident a total of 1001 people were on board the cruise ship.
After the fire, while keeping the passengers occupied, the crew began to make repairs. The following day, basics such as running water and electricity were restored.
The status of the health of the injured crew members is unknown. What is known is that the outcome of this incident clearly could have been much worse.
Source: Miami Herald, "Parties kept spirits high on blaze-hit cruise ship," Eileen Ng, April 2, 2012
]]>The giant wave struck the yacht on Saturday, March 31, around 400 miles west of San Francisco. As all sailors of Puget Sound, Seattle are aware, a boat accident can occur through simple negligence or fast developing weather conditions. In the open ocean, rogue waves, long a fear of sailors, can appear without warning.
]]> The Coast Guard responded quickly, picking up two injured crew members on Sunday. The remaining crew members decided to finish the longest leg of the race, expecting to reach the Port of Oakland by Tuesday. Not surprisingly, because of the huge wave battering, the yacht should be the last of remaining racers to complete the 5,680-mile cross-Pacific marathon.The rescue Coast Guard cutter sailed back to its Alameda port on Monday with the two injured crew persons. A 50-year-old woman and a 29-year-old man disembarked the cutter under their own power, waving to assembled reporters. After displaying their resilience, they were placed on stretchers and transported to a nearby hospital by ambulance.
The woman, a Kent, England doctor, appeared to have some broken ribs, while the man, a London software engineer, has an injured pelvis. It remains unknown whether either or both would be able to rejoin the race on April 14 when the yachts embark for Panama and then on to New York.
Source: The Seattle Times, "Cutter carrying 2 injured yacht racers to SF Bay," The Associated Press, April 2, 2012
]]>Should a deckhand sustain an injury while working due to a fall or something of the like, he or she may be able to file a lawsuit against his or her employer.
]]> This past February, a deckhand/engineer filed such a lawsuit against his employer Odyssea Marine Inc. and Rowan Co. Inc. based on an accident that took place on April 27, 2011. The man reportedly injured his knee after tripping on some boxes that a crane was apparently moving. At the time of the incident he was working on the supply boat Odyssea Leader.The man is seeking a total of $4 million dollars for a variety of things including pain and suffering. In addition he requested damages for medical expenses, mental and physical pain and suffering, loss of enjoyment of life, lost wages and maintenance and cure. Punitive damages, attorney fees and interest have also been requested.
The lawsuit alleges the man's employer was negligent and that negligence resulted in his injury. His negligent behavior allegedly took the form of three acts or omissions. The first was that it did not provide a safe working environment. Next, his employer reportedly lowered the hose down to the vessel before first loading cut boxes from the vessel. Last, the company failed to make sure that the crane operator who was at the helm at the time of the incident was property certified.
He filed the lawsuit in federal court in New Orleans.
Source: The Louisiana Record, "Deckhand seeks $4 million for knee injuries," Michelle Keahey, March 28, 2012
]]>Many technological advances have been made in the past 100 years and yet at when one takes a step back to think about it, when it comes to boat accidents we are still facing some of the same types of tragedies. Case in point being the recent sinking of the cruise ship Costa Concordia.
]]> Believe it or not, icebergs are still an issue for ships crossing the Atlantic Ocean in the area known as "Iceberg Alley," near Newfoundland. When the Titanic went down, methods for tracking icebergs included a radio onboard the ship as well as observers watching for them. Today, radar is used along with reports of the location of icebergs as seen from the sky. The information culled is then provided to all via a daily bulletin broadcast.Despite the changes in the way icebergs are monitored, in 2007, another ship hit an iceberg and forced everyone from the ship. Fortunately, all of the 154 passengers managed to survive the incident. Believe it or not, MS Explorer's collision with an iceberg was not a rare occurrence. Statistics indicate that between the years of 1980 and 2005, a total of 57 collisions of boats with icebergs were reported in the northernmost part of the planet.
While experts point to a variety of reasons for the continued iceberg threat, one of the largest reasons is quite clear-ships choosing to take bigger risks by travelling in the area more highly populated with icebergs.
Source: BBC News Magazine, "Titanic threat: Why do ships still hit icebergs?" Lauren Everitt, March 20, 2012
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