Ethan Allen

Built in 1964 by Anchorage S Originally named Double Dolp They were done finished with Whaling planning to install their own canopy. According to the NTSB, Whaling contracted with Anchorage S The two sister vessels Sea Horse and Sea Lion, delivered in 1966, would each vary slightly in seating layout and canopy appearance, appearing to both initially have only bimini-type tops that, at least in these photos, were going unused and integrated into basic metal side railings. Whaling installed the Double Dolp The vessel's primarily seeing use in and around the Groton area, mostly for sightseeing along the Thames River. The NTSB affirming in their report that all three had seen a mix of fresh and salt water in their first couple decades of service. In 1979, all three vessels were sold to shoreline cruises of Lake George, New York, a tour operator based exclusively on Lake George. They would add the same metal and canvas canopies to sister'sea Horse and Sea Lion, also renaming all three. The Sea Horse became Desham Plain, the Sea Lion became the Algonquin, and the Double Dolp The small company would then expand their Lake George services by adding the much larger River Cruise-style vessel Horicon in 1988. T In 1989, Ethan Allen received another canopy modification. T Attac I've always wanted these stories to continue beyond where I can leave off, to find out what sort of justice, compensation, or in general, legal aftermath came as a result. W Stay tuned till later A preview of From the NTSB, because shoreline cruises intended to operate the three Dyer-40 model boats solely on New York State waters, the vessels no longer fell under Coast Guard jurisdiction and became subject to state oversight. Day Champlain would receive a similar wood canopy conversion in 1990 and Algonquins would follow in 1991. It appears to me at least, all four vessels were meant to match in their aesthetics. Dark green lettering and the t If you look up the Dyer-Hull design though, the large majority are recreational fis So when used as tour boats, they feature only a single continuous deck with seating arranged to maximize space. It was around 2004 shoreline cruises added what would become their largest vessel, another cruiser named the Adirondack. Even larger than the 85-foot Horicon, the 115-foot long Adirondack had a capacity of 400 and became a flags The three Dyer vessels remained available for private charters, straightforward sightseeing, and smaller group events. By 2005, Tourboat Ethan Allen was, powered by a 210-horsepower diesel engine, still the same length and width, at 38 feet long by 12 feet wide, and with its park bench style seating affixed to the deck, the vessel's capacity plate boasted a maxim The Desham plane also boasting 48 total, with a similar canopy and seating layout, even after modifications. And w The Algonquin's canopy and seating arrangement appearing much different to its sisters by the color scheme and styling appearing to match the fleet, but clearly different in its configuration, according to these photos. A slight difference I noticed from the Ethan Allen and Desham plane was the Champlain had t From the NTSB, the Ethan Allen was a New York State-certificated public vessel, a category of powered vessels that has permitted to transport passengers or freight for commercial purposes solely on state waters. Because of them falling under state oversight only, Coast Guard involvement became non-existent, factors we will cover later From Shoreline Cruise's website circa 2005. Joy a personalized one-hour-narrated cruise aboard the Algonquin, Ethan Allen, or Desham plane. These boats travel closest to and cover more of the Lake George shoreline than any other one-hour cruise boat on the lake. Travel close to shore and capture the Sunday October 2, 2005. It was a beautiful clear aut From the NTSB report, according to the owner of Shoreline Cruises in the 26 years that the Ethan Allen had operated as a passenger vessel on Lake George, it probably had made 14,000 trips and had never experienced a major incident. The typical route for sightseeing along the shore of Lake George saw the tour boats depart on a north-northeasterly course to end up cruising along the western shore. In the one-hour-long tour, vessels turned back toward the eastern shore at Green Harbor and returned southward toward the Lake George Village docks. A roughly seven-mile journey on the water. Arriving by tour buses from Michigan, a group of senior citizens on the Fall Color Tour were a few days into their journey of aut The entire trip package was arranged by Shoreline Tours and Travel, an agency out of Ontario. Very similar in name, but not related to Shoreline Cruises of New York. The Lake George portion saw Shoreline's Ethan Allen and Deshan Plain vessels looked for one hour each for their normal sightseeing route around the lake. These private bookings ensure that only your party is on the vessel, aside from the single operator. The first tour bus had arrived around 1. 15 in the afternoon with 50 passengers. Ethan Allen would be first to embark. The vessel had completed two trips earlier that day, both reportedly uneventful. According to the NTSB, however, members of the senior group began to embark on the Ethan Allen through the portside door opening near the stern. In anticipation of viewing According to the passengers, only about seven to ten people had boarded when the boat began to list noticeably to port. One of their members shouted out that someone had to sit on the other side of the boat. The vessel operator also advised passengers to sit on the starboard side. As people filled the starboard benches, the vessel began to level out. One of the passengers said that those boarding filled in where sitting space was available, and that, we had some large people in our group. She added that, the group didn't seem to be balanced across the boat when everyone was seated. The vessel operator extended an invitation to board two more women, however, they later stated, they declined aboard because they thought the boat looked crowded. Another woman said that w I told the others that I wasn't going. The vessel's With 47 passengers and the one operator at 30pm with 48 soles aboard. From the NTSB, the passengers described the conditions for the lake tour as beautiful and perfect, the lake waters calm. The only chop typically experienced in Lake George Waters t Wake meaning, a track of waves caused by a vessel or object moving through the water, the waves or essentially ripple effect but on a larger scale, can vary depending on vessel size and speed, but also on how calm the water is it disturbs. The calmer the water, the more duration and distance the wake can travel, Stability needs for vessels on these waters can, unfortunately, often be taken for granted when compared to those on the In the Ethan Allen departing at 2. 30pm had made its way north along the western shore without incident. There on 2. 54pm approac When a vessel passing to their starboard side created a wake close enough to concern the operator and as the waves approached, he turned to starboard even harder to meet the waves head on. Witness testimony conflicts but the primary wave reportedly 2. 5 to 3 feet First made contact at the Ethan Allen starboard stern moving forward along the length of the vessel, raising it up noticeably and all throughout t As the list quickly worsened, passengers on the starboard side began to t From the NTSB quote, falling onto the passengers seated on the port benches. The vessel continued to roll over and several passengers were swept out the open windows. Both the operator and the survivors estimated that the vessel capsized in a matter of seconds. The accident occurred about 2. 54pm. The Ethan Allen remained afloat upside down for several minutes. Several survivors described the conditions inside the Ethan Allen after it overturned as chaos under water, total confusion. In the darkness, people were stepping on, crawling over one another. One woman said that when she attempted to swim toward the light, people were pulling on my legs to crawl up me so they pulled me down. Survivors said that they never had time to retrieve life jackets. However, they also said that if people had donned life jackets, more fatalities would have occurred because the only way for those trapped in the vessel to escape was to swim down and go through the open windows, w One passenger told investigators that she initially was blocked by a plexiglass window but was able to swim under it to escape the vessel. Once the boat occupants escaped, they clung to the overturned vessel on the surface. Several recreational boats were in the vicinity. Many of the boaters observed the capsizing and immediately proceeded to the site to render aid by throwing life preservers and flotation cus The witnesses also called 911 on their cell phones to report the accident. After several minutes, the overturned vessel righted itself and then sank to the bottom of the lake, eventually coming to rest upright on its keel in 59 feet of water. Important to note also was the water temperature, as stated, a c According to the US Coast Guard, cold shock can occur in water colder than 20 degrees Celsius or 68 degrees Fahrenheit. Healthy individuals may succ As the incident unfolded, two ambulances had arrived almost immediately and Samaritan rescuers helped victims to them. Lake George Parks Commission dispatched three rescue vessels on the water that arrived at about 3. 02 pm. The Lake George Fire Department's c 04 pm and immediately set up an incident command post. Impromptu tra The local sheriff's office had dispatched 21 units arriving by 3. 06 pm. A helicopter landing zone was immediately established at Green Harbor Beach about a quarter mile from the command post. Fifteen more local ambulances had been dispatched and started arriving by 3. 15 pm. A local shore-based dive school had witnessed the chaos and offered their assistance immediately, but needed a ride to get as close to the scene as possible. A recreational boater was able to haul the group of five divers out there by 3. 10 pm. On scene, two of them immediately dove down to check the inside of the vessel. In describing the chaos, reporters are a bit vague on whether the dive team was initially dealing with a now-neutrally buoyant and partially submerged vessel or a completely suckered vessel resting on the bottom. Searc Over a period of about 24 minutes, they performed perimeter searches around the vessel and then searched through floating debris to verify no other victims were unrecovered and to pick up what personal belongings they could. The divers didn't have their own boat though, and the scene was becoming too chaotic for them to continue operations for their own safety. Diving operations were then turned over to Warren County Sheriff's Divers, who eventually found one more trapped victim in the stern of the sunken tour boat. Of the 48 people on board, the operator and 18 passengers escaped physical injury, six victims suffered minor injuries, three were seriously injured, and 20 souls aboard were lost. It was nearly unthinkable, especially to the locals, that something Initially the investigation would be an up The NTSB launched a six-person investigative team, w Ethan Allen was examined thoroughly, down to its components like bilge p Eventually ruled out, as primary or secondary causes were weather conditions, operator fatigue, hull structure, steering, and propulsion, and bilge p However, witness testimony and out of the water examination of the vessel could yield only so many answers. The question of stability was still a major factor. From the NTSB report, to obtain a preliminary determination of whether stability, overloading, or both might have been factors in the capsizing. The safety board investigators arranged an SST of the Deschamps Plain, or Simplified Stability Approved Test. They had originally been under the jurisdiction of the Coast Guard, when shoreline cruises purchased the vessels, they came under the jurisdiction of New York. State officials indicated that they established the same load restrictions, 48 passengers plus two crew members, for the three vessels, based on the certificates of inspection, or COIs issued by the Coast Guard. After surveying the Deschamps Plain and the Ethan Allen, investigators determined that the vessels were similar enough in design and construction that the Deschamps Plain would yield comparable results from a stability test. The assessment was then conducted in accordance with the Coast Guard stability test criteria, which New York officials indicated the state would require for a public vessel The Deschamps Plain being so similar to the Ethan Allen meant t Unable to test the vessel itself since it was already compromised, potentially damaged by the sinking. The SST, or Simplified Stability Proof Test, would involve the NTSB simulating the empty conditions of the incident vessel on the Deschamps Plain, then utilizing 12 test weight water barrels to replicate a load condition for 48 passengers. These barrels placed along the centerline of the vessel's deck to check the overall affected freeboard first, then moving on to test the healing moment, meaning the healing moment can be caused by wind, by the centrifugal force and turning, by crowding of passengers one side, by towing, or by the tension in the cable that links two vessels during operations at sea. In testing t However, only about three of the plastic barrels were filled when the vessel reached the exterior freeboard marks indicating the Deschamps Plain's list was already nearing dangerous levels. T On the NTSB report, because the Deschamps Plain failed the stability proof test for the carriage of 48 passengers on a protected route, the safety board had reason to question the intact stability of the Ethan Allen for the carriage of 48 passengers. Subsequent investigation revealed that during the 40-year But new stability assessments had not been done to determine the effects of the modifications on the vessel'stability. Now further studies against Ethan Allen and experimentation on Deschamps Plain bore out that the weight of each canopy caused the vessel to ride lower in the water, reducing reserve buoyancy. The wind profile created by each canopy, combined with that of the vessel itself, so greatly increased the overall projected lateral area and corresponding wind healing moment of the Ethan Allen that it could not meet the required stability criteria. T In addition, investigators would uncover that not only did shoreline's canopy modifications add to t From the NTSB, the safety board found no evidence to indicate that a stability evaluation was conducted after adding a metal frame canopy to the vessel w At the time, the regulations in sub-chapter T concerning alterations and modifications did not specifically require testing the vessel after modifications. Before this accident, state laws did not address stability assessments and state guidance doc If a stability assessment had been conducted after the canopy installations and modifications, it would have been necessary for shoreline cruises to reduce the passenger capacity and or change the design of the canopies. From survivor interviews and a review of emergency room records, the safety board found that the average weight of the Ethan Allen occupants on the day of the accident was almost 178 pounds, significantly more than the per-person weight standard of 140 pounds, used to verify the allowable n The safety board stability study, which used the current regulatory weight standard of 140 pounds per passenger, determined that the maxim On the day of the accident, however, the vessel carried 48 persons, one crew member and 47 passengers, averaging about 177. 5 pounds each, or more than 8,000 pounds total weight, about four times its safe load carrying capacity. Now, it simply cannot be overstated that a rollover was just a matter of time. And the NTSB did not take a strong stance against the operator's actions, stating, The attempt of the Ethan Allen operator to continue turning the vessel into the oncoming wake before the capsizing was a normal reaction to the circ It's likely safe to ass And in my view, it wouldn't have been wit There were a couple exceptions though. First was drug and alcohol testing of the operator. From the NTSB, quote, at the time of the accident, New York state did not require a post accident toxicological testing of mariners as a matter of course. However, in the case of an accident in w If he or she believed t In t On October 4th, 2006, two days later, the NTSB asked that a toxicological test of the operator be accomplished and the operator voluntarily submitted blood and urine samples for analysis. He told safety board investigators that he had cons Investigators sent the samples to the Federal Aviation Administration, FAA, Civil Aerospace Medical Institute, or CAMI, in Oklahoma City for testing. The CAMI report indicated no positive results for legal and illegal drugs and the urine analysis indicated the presence of an alcohol metabolite. But the second issue being much confusion regarding whether the operator gave a safety briefing or not. From the NTSB, in t 30. All survivors reported that the operator did not perform a safety briefing. However, they admitted that they were all talking to each other w End quote. And with the lifejacket stowed in such a manner on this vessel as to take some time to access, with the speed at which the incident occurred, providing little to no reaction time for the passengers, it's unclear how effective a safety briefing would have been In addition, as stated earlier, investigators and even some survivors made it clear that quote, if people had don lifejackets, more fatalities would have occurred because the only way for those trapped in the vessel to escape was to swim down and go through the open windows, w One passenger told investigators that she initially was blocked by a plexiglass window but was able to swim under it to escape the vessel. Pres The NTSB's investigation into t From the NTSB's 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 a resulting involuntary s The vessel'stability was insufficient because it carried 48 persons where post-accident 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'stability after it had been modified because there was no clear requirement to do so. And at now, t Subsequent modifications to the vessel's canopy have been determined to have increased overall stability, resulting in a greater passenger capacity, but not to the established rating as specified in the original certificate of inspection. Heh, t As always, links will be in description to all source material for this video if you'd The litigations following mass casualty maritime events are perhaps some of the most complex matters in the legal industry. Maritime law is littered with decades or even centuries old statutes and case law w My goal is to become the best To do that, it's important to study the influential cases of the past and learn from them. In my upcoming new series, Justice Matters, continuing where Sam leaves off, we'll embark on a journey through maritime law exploring the exceptions and leave polls that vessel owners use to try to avoid liability. Part 2 of the Ethan Allen for instance will delve into those loop holes that vessel owners have under the Maritime Limitation of Liability Act. We'll discuss those secret, outdated back doors owners use to try to s And spoiler alert, it doesn't always work. Not only did the Ethan Allen incident bring a civil lawsuit, but if you can believe it, there were actual criminal negligence charges that went all the way through a guilty plea. Now here's one burning question that you might be asking yourself about these legal proceedings. What exactly is the difference between civil negligence and criminal negligence, and how does a jury examine liability or guilt in each case? T We'll unpack these legal concepts and shed light on how juries navigate these two distinct paths of litigation in my new series. You'll want to make sure you're subscribed to the Attorney Tom channel so you don't miss the Ethan Allen legal sequel. Because. . . T From the NTSB's recommendations to the U. S. Coast Guard provide guidance to the states on U. S. Coast Guard standards for an assessment of stability of small passenger vessels. To New York State, address the 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 maxim T S. Coast Guard's non-commercial boating standards for determining passenger loading on public vessels that carry more than six passengers and adopt the Coast Guard small passenger vessel inspection standards. The NTSB's call for change was from the March 6, 2004 incident, the capsizing of the pontoon style small passenger vessel Lady D in Baltimore Harbor. The safety board identified that the Coast Guard's passenger weight standard of 140 pounds used to assess the stability of vessels operating on protected waters posed a substantial safety risk for vessels carrying near the maxim As a result, the NTSB made similar recommendations for that incident as well. Also, important to point out is that the Ethan Allen is actually up for sale and one of the broker sites, the postings main photo is actually a photo from when the vessel was in NTSB custody. Just bizarre. Talk about it out of touch. But that's the way we've always done it. In a bit of a brick and mortar op-ed, and I'll try to keep it short t But I can't say I've ever been to a workplace that be It's in our nature to take the path of least resistance, which is why it can immediately feel It involves a different way of t Sometimes it involves a new perspective on workplace culture that's existed in its state of stubbornness for decades, in extreme cases, centuries. It's not always malicious, I'd contend it's rarely malicious. We just tend to favor our routines. Many of us h A bit of a tangent here, but when I teach workplace safety in the classroom on various topics, one of my more subtle goals is for those attending to check egos at the door, and then another is to try and identify practices or procedures that don't have any explanation be The classes aren't held in a matter that these t Like getting frustrated when driving in traffic at all those quote, nobody's you're surrounded by versus having the opportunity to get to know those fellow h Would we use the same belittling insults in that situation Yeah, you may sometimes be the odd person out when spotting somet Oftentimes safety is that p Appointment Memorial for the Ethan Allen tragedy was founded near Lake George A major part of why these videos don't have sponsors interrupting them and yet the channel is able to continue the way it has is because of so many generous kind supporters. And shout out to those top tier Patreon supporters. Alex S, Alex W, Andrew M, Andrew S, Christian T, Kenneth P, Manuel M, Nathan F, Nathan M, Paul R, P Rush, Robert G, Dracen and Troy H. And don't forget, your safety matters. Thank you.