A lawsuit that accuses the state of New York of allowing passengers beyond the maximum capacity on a tour boat, contributing to a fatal accident that killed 20 people, will proceed to trial.
An appeals court in New York has ruled that the lawsuit in the Ethan Allen boat accident of 2005 should proceed. The boat capsized on Lake George, killing 20 people on board. Several others were injured.
At least 27 families of victims filed lawsuits against the New York Office of Parks, Recreation and Historic Preservation. The agency had been responsible for conducting inspections of the tour boat annually since 1979. During these inspections, the agency had certified that the boat was capable of carrying up to 48 people.
However, an investigation by the National Transportation Safety Board later showed at the boat was extremely unstable, and should never have had more than 14 passengers on board. The family of one of the victims in their lawsuit against the state tried to eliminate the state’s defense that it had immunity, and they could not be held liable. The state tried to throw out the lawsuit altogether. Under the law, state employees are generally immune from legal liability.
Last week, the New York Appellate Division of the New York Supreme Court modified an earlier Court Of Claims ruling, finding that the state has no immunity in the tour boat accident case because employees did not exercise discretion during inspections of the boat.
The maritime lawyers at Maintenance and Cure represent people injured in boating accidents and other types of maritime accidents across Texas.
