Lady D tragedy could result in sweeping boating changes

Most cases of boats capsizing involve blatant overloading or some type of structural damage like a leak in the hull. However that was not the case on March 6, 2004 when the Lady D, a twin-pontoon water taxi cruising the Baltimore Inner Harbor, flipped over killing five passengers and injuring others. There were two crew members and 23 passengers on board, exactly what the U.S. Coast Guard had rated the vessel’s capacity. There were no leaks and no other structural damage.

So what went wrong? A National Transportation Safety Board (NTSB) report, released on March 7, 2006, uncovered plenty wrong in this boat accident.

The investigation concluded that despite the Coast Guard Certificate of Inspection, the Lady D was in fact overloaded, causing it to capsize when it faced strong winds and waves. “This tragic accident happened as a result of a number of safety issues that fell through the cracks,” stated NTSB Acting Chairman Mark V. Rosenker, “Our recommendations will go a long way toward fixing those cracks and help ensure this type of accident does not happen again.”

One area of concern was the Coast Guard was using out-of-date average passenger weight data to determine maximum capacity. The average weight of Americans has continually increased over the years but the standards did not reflect that gain, which led to the overloading, the report said. The NTSB recommended updating these standards, and reviewing them on a regular basis.

The stability testing done for the Coast Guard Certificate of Inspection was inappropriate for two reasons. First, because it was deemed a “sister ship” of another boat, the Lady D was never actually tested. The investigation revealed that it had significant differences from its so-called sister ship, including structures on deck that made it more top heavy and therefore more likely to capsize in certain conditions.

Second, the investigation showed that the stability testing was not appropriate for that type of pontoon boat anyway. The NTSB recommended that the Coast Guard implement stricter standards as to what a “sister ship” is, and review its stability testing.

Weather also played a factor. The report found that the National Weather Service (NWS) did not accurately reflect the weather conditions at the time of the accident, and it has since developed “more aggressive” ways of tracking developing weather patterns.

In fact, this case could involve sweeping changes to the commercial water transportation industry, especially those operating pontoon boats.

If you have been injured in while traveling on a commercial ship, boat, or other water vessel, contact a Jim S. Adler & Associates personal injury lawyer. The firm has more than 30 years of litigation experience including water craft injuries, and can help get you compensation to cover your expenses and the pain and suffering you may be experiencing due to your injuries. We understand the choice to pursue your rights in a court of law is a difficult one. Call or submit your case for a free review before you decide what action to take, and make sure you have all the facts to make an informed decision.

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