Precautions with Philly Duck Boats may not Prevent Another Tragedy

April 8, 2011
By Ronai & Ronai, LLP on April 8, 2011 2:44 PM |

The Inquirer is reporting that the Coast Guard is permitting the duck boats back in the water even as the city is considering more precautions.

Our Philadelphia duck boat lawyers agree that the city needs to take every precaution possible to prevent another tragic duck boat accident. That means keeping the boats out of service until they can be proven safe. Unfortunately, the city is not willing to do that and the inherently deadly design of the boats means no amount of precaution will prevent the risk of serious of fatal injuries in the event of another accident.

The changes to how the duck boats would operate, which were approved by the Coast Guard include:

-Old route: the boats went into the water at the Race Street ramp and could travel 300 feet from the shore and could go south as far as the Independence Seaport Museum

-New route: the boats will still enter at Race Street but travel only to Pier 5 near Arch Street and only go 100 feet from the shore.

-Old trip time was 30 minutes on the water.
-New trip time decreased to 15 minutes.

-New breakdown plan has a rescue boat stationed at Pier 5 with the ability to tow a disabled duck boat to safety.

-Duck boat air horns will work even if the engine is turned off. The day of the crash when the captain saw smoke he shut off the engine, which disabled the air horn.

-A crucial change would be that no boats would enter the water if a large ship is within half a nautical mile and traveling towards the duck boat area.

When federal investigators talked to duck boat captains, including the one from the fatal crash, all agreed that encounters with barges or tugs was an issue.

Encounters of this kind is exactly what caused the devastating collision that killed 2 tourists last summer. A duck boat became disabled and while stranded waiting for help, a tugboat pushed a barge into the duck boat. The impact sent 37 people (35 passengers, 2 crew members) into the river, killing two Hungarian students, Dora Schwendtner, 16, and Szabolcs Prem, 20.

Though the company is anxious to get their boats back in the water, the city is still considering asking for additional precautions. It's too bad such precautions weren't taken before someone was killed.

This isn't the first time the duck boats have faced challenges. A Philadelphia port captain barred duck boats, from 1998 to 2002, around Penn's Landing due to safety concerns around large ships. The ban was reversed when a new captain was assigned in 2003.

The National Transportation Safety Board's (NTSB) investigation continues and a final report is due this summer. However, inquiry documents including interview transcript have recently been released. This information included:

-The tug boat first mate received a personal cell phone call 5 minutes before the crash.

-It cannot be determined if the duck boat captain called the Coast Guard to say he was disabled in the water.

-The source of the smoke from the duck boat could be from the cap being off the radiator. A newly hired mechanic had done an inspection the night before the accident.

If you need to speak with an attorney about the Duck Boat accident or have suffered injury in a New York boating accident, contact Ronai & Ronai LLP for a free and confidential consultation to discuss your rights. Call 1-800-664-7111.