Seattle Personal Injury Lawyer - boating safety

Cruise Ships--The H2 of the Sea

Michael Myers — Sun, 21 Jun 2009 13:08:11 GMT

There's a close relationship between boats and the environment. Marketing materials--particularly for cruise ships--show vessels in pristine blue waters with fish whales and dolphins in close proximity.

The New York Times ran an article this weekend regarding the damage cruise ships do to our oceans and coasts.

Cruise ships emit nearly twice as much carbon dioxide as airplanes. They pollute far more--per passenger, per mile--than airplanes.

According to environmentalists, carbon dioxide emissions are just a drop in the ocean when it comes to eco problems on luxury liners. Most ships run on so-called bunker fuel, the cheapest and dirtiest fuel oil, which not only powers the vessel, but also all the amenities on board: restaurants, swimming pools and nightclubs among them.

The Article indicates one-week voyage on a large ship is estimated to produce 210,000 gallons of sewage, a million gallons of gray water (runoff from sinks, baths, showers, laundry and galleys), 25,000 gallons of oily bilge water, 11,550 gallons of sewage sludge and more than 130 gallons of hazardous wastes.

I saw a bumper sticker the other day. It read: Your Hummer Looks Stupid. The cruise lines need to clean up their acts. If they don't I hope the weight of social pressure makes cruising as unacceptable as rolling in a big black H2 through the middle of Fremont.

On a one to one basis, cruise ships are going to pollute more than jet skis or Zodiacs. But the same concerns apply. We should make sure that we're smart about fuel consumption and waste when we're on the water. Boating safety means more than preventing personal injury or drowning. It also means not injuring the environment.

Originally posted at InjuryBoard by Michael Myers

Holland America's Medical Personnel--Health Care Providers or Investigators?

Michael Myers — Mon, 15 Jun 2009 13:46:00 GMT

I’ve blogged about Holland America’s responsibility for the health care provided on board its ships. This blog is a little bit different.

I think everyone would agree that curative treatment should be a health care providers’ top priority. But review of the records in numerous Holland America cases suggests that health care providers on board Holland American vessels place equal emphasis on documenting facts that give Holland America a leg up on the passenger should the passenger file a claim.

Holland America providers also appear to be the first-line of the carrier’s risk management program. Not only are medical records peppered with comments designed to assist Holland America in subsequent litigation, but they also include assessments of whether the customer’s pain, disappointment of being injured, etc. will turn into an actual claim or lawsuit. For instance, it’s not uncommon to find in either medical records produced by the ship’s doctor or one of its nurses indicating that the patient has not mentioned “claim” or “suit” yet but that follow up with the passenger might be appropriate.

It seems only fair if Holland America is going to treat its medical personnel as independent contractors and disclaim liability for their negligence that they should in fact be true independent contractors and that medical records developed on board the vessel should not be available to Holland America except through discovery.

Originally posted at InjuryBoard by Michael Myers

Slip and Falls: Not Just in the Produce Aisle

Michael Myers — Thu, 11 Jun 2009 12:51:47 GMT

Slip and fall accidents are among the most common causes of injuries on boats. Decks are made of fiberglass, wood, or steel. All can be slippery. Water, grease, scales and fish oil are just some of the factors that contribute to the equation.

Oftentimes variations of fiberglass, wood, or steel are used on walking surfaces in an apparent effort to make slip and falls less likely. However, appearances can be deceptive.

For instance, a material generically referred to as diamond plate is used in many maritime applications. Diamond plate gives the appearance of providing traction, but it typically does not (though there are certain kinds of diamond plates that do actually provide adequate traction even in marine environments).

Traction is technically referred to as the coefficient of friction. Coefficient of friction should be over .5 to ensure user safety. Measuring the coefficient of friction in a marine environment requires special testing with a device called a Tribometer. Care should be taken to test the coefficient of friction and actual conditions. For instance, to be tested on a fishing vessel should be tested with water and/or fish oil on the walking surface since those are ingredients that will most likely be present when the boat is being used.

Boating safety involves not only keeping the vessel afloat and avoiding collisions with other boats but also ensuring user safety when it comes to issues like slip and falls as well.

Originally posted at InjuryBoard by Michael Myers

Boating Safety and Life Jackets

Michael Myers — Wed, 03 Jun 2009 14:45:40 GMT

Boating safety is an important topic in the Pacific Northwest. There are more boats per capita here than any other part of the country. And with opening day having come and gone and unexpectedly great weather this June virtually everyone - whether they have a boat or not - wants to be on the water. That's why I’m focusing on boating safety this month.

Boating safety a number of forms. It can be organized by type of vessel (personal watercraft, commercial fishing vessel, pleasure boat, cruise ship, etc.) or organized by type of hazards (drowning, injury by machinery, collision between vessels, etc.).

But I’m not going to be too systematic. Instead I’m going to blog about what’s in the news and happening in our practice.

The first topic this month involves lifejackets. All vessel owners should carry enough lifejackets so that everyone on the boat has one. Not only should they carry lifejackets but they should make sure that they're properly sized for the occupants of the vessel and that everyone knows both where they're located and how to properly put them on.

This is not only a good idea, it's also prescribed by law.

All vessels must be equipped with U.S. Coast Guard–approved life jackets called personal flotation devices (PFDs). The quantity and type depends on the length of your vessel and the number of people on board and/or being towed. Each PFD must be in good condition, be the proper size for the intended wearer, and very importantly, be readily accessible! Readily accessible means you must be able to put the PFD on in a reasonable amount of time in an emergency (vessel sinking, on fire, etc.). PFDs should not be stowed in plastic bags or in locked or closed compartments, and they should not have other gear stowed on top of them.

Not only can a vessel owner be fined for not carrying the proper number of lifejackets, the vessel owner can also be sued for either personal injury or wrongful death if one of his or her passengers suffers injuries or dies because they didn't have a lifejacket or didn't know where the lifejackets were on the boat. Carrying the proper number of lifejackets and going through a basic orientation procedure with passengers is not only common sense it's the only real way to comply both with boating safety laws and limiting exposure for personal injury or wrongful death lawsuits.

Originally posted at InjuryBoard by Michael Myers