New York Injury Lawyer Blawg

Reuters recently reported on the court appearance of the tugboat pilot that pleaded guilty to a criminal charge in the July 2010 Duck boat crash that left two Hungarian tourists dead in Philadelphia.

Our New York injury lawyers and duck boat accident attorneys Peter Ronai and Holly Ostrov Ronai are representing the families of Hungarian tourists.

"The families are gratified that Federal prosecutors have acted to hold one of the responsible parties accountable in this tragedy that should have been avoided," they said. "They continue to have faith in the American justice system and expect the corporations who were involved to acknowledge their roles and act accordingly."

In court, the 35-year-old tugboat pilot admitted to the U.S. District Court judge that his misconduct lead to the accident that caused the deaths of two Hungarian tourists Szabolcs Prem, 20, and Dora Schwendtner, 16. They both drowned in the Delaware River after being thrown into the water after the crash.

The tugboat pilot could be sentenced to a maximum of 10 years in prison and three years of supervised release. In addition, he faces a fine of up to $250,000 when he is sentenced in early November. He did leave the court room with his wife because he was able to post the $10,000 bond.

"Those who operate transport vessels on our waterways have a clear duty to ensure that proper sightlines are maintained at all times, and to obey all other rules of seamanship, so that the risks to others on the water are minimized," said U.S. Attorney Zane Memeger. "When that duty is breached and causes death, the Seaman's Manslaughter Statute allows the federal government to seek criminal sanctions against the vessel operator."

The tugboat pilot was in charge of navigating the boat while the captain was sleeping. But he failed to pay attention and pushed a 250 foot barge into a disabled Duck boat, throwing 35 passengers and 2 crew members into the Delaware River.

It was later discovered that he had been distracted by his cell phone and the Internet. He had been communicating repeatedly with his wife regarding the health of his young son.

The pilot had gone to the tug's lower wheelhouse where it was less noisy to continue his conversations. The lower wheelhouse however has less visibility and contributed to the pilot not seeing the disabled Duck boat.

Attorneys agree that the pilot is very sorry over what happened but he should have woke up the captain and gotten his help until his family emergency had been taken care of. The families of the victims are suing both the Duck boat tour company and the tug company.

Continue reading "Tugboat Pilot Admits to Misconduct in Philadelphia Duck Boat Accident Which Killed Two Young Tourists" »

New York City Personal Injury Lawyers wish you and your family a safe and enjoyable Independence Day weekend.

With a little extra time off from work, perhaps, many New Yorkers will hit the roads, possibly traveling to the Jersey Shore or up to Connecticut or Upstate New York for some time away from the hustle and bustle of city life.

And they won't be alone. AAA predicts that some 39 million Americans will be traveling more than 50 miles from their homes this holiday weekend, which is actually down from 40 million in 2010. The organization predicts the drop because of an average $1 increase in gas prices nationwide.

What that says to our lawyers is that New Yorkers may be at any additional risk for car accidents in New York. Vehicle accidents can cause devastating injuries that cause hefty medical bills to pile up.

It is best to practice defensive driving techniques in order to keep your family safe if traveling this holiday season. Here are some common sense driving tips:

• Wear your seat belt
• Use your headlights
• Always use turn signals
• Look twice to make sure drivers aren't in your blind spot
• Keep your tires properly inflated
• Don't drink and drive

But if your family plans on sticking close to home this holiday season, keep in mind there are safety hazards even if you're not driving.

Swimming pool accidents: With the summer months here, children are probably clamoring to get into a pool, either at their own house or at a community pool. Keep in mind that running along the edges and slipping can cause brutal injuries, including broken bones and brain injuries. So, be safe at the pool.

And this especially goes for young children, who are most susceptible to drowning. From 1987 to 2007, there were 32 drownings at regulated swimming facilities in New York City. And the Centers for Disease Control and Prevention reports that almost 30 percent of children nationwide ages 1 to 4 who died from unintentional injuries drowned.

Keep your child within an arm's length and never leave them unsupervised. Make sure children aren't able to wander near a pool that isn't secured by a fence or locked down. And keep emergency equipment and a phone nearby.

Fireworks injuries: Even though New York prohibits the sale of fireworks, people will surely go over state lines to purchase personal fireworks. New York Personal Injury Lawyers recommends watching an official fireworks display because even owning fireworks is a crime in New York.

Fireworks can cause injuries not only to those operating them, but also onlookers. The CDC reports that in 2007, 7,000 people were injured in fireworks accidents and seven people died. Eyes, hands, fingers and legs are most commonly injured and the injuries range from cuts to burns and even vision loss.

Continue reading "Stay Safe From New York Car Accidents and Have a Fun Fourth of July" »

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.

Continue reading "Precautions with Philly Duck Boats may not Prevent Another Tragedy" »

Fox News reports that the duck boats are being permitted to return to the water next spring, despite ongoing concern about their safety after a deadly Philadelphia duck boat accident.

As our duck boat injury lawyers continue to report on our New York Injury Lawyer Blawg, attorneys for the two students killed in the July 7 accident have argued the boats should not be put back in use until passenger safety can be assured.

Hungarian students Dora Schwendtner, 16, and Szabolcs Prem, 20, were killed in the July 7 accident when a disabled duck boat was run over by a barge. Thirty-seven passengers were thrown into the Delaware River. A similar accident in 1999 killed 13 passengers in Arkansas, after which the National Transportation Safety Board recommended safety improvements that the U.S. Coast Guard never required be implemented.

"We oppose the city's decision to return the unsafe duck boats to the water regardless of the river upon which they float," said a statement from one of the lawyers representing the family of the students killed in the crash. "We regret that lives will still be at risk because of their failure to heed the NTSB's recommendation from 2002."

The Coast Guard has cleared the boats to resume operation and the city is currently working on a plan to allow them to use the smaller Schuylkill River beginning in March after a boat ramp can be built by the company that operates the boats.

A preliminary report by the NTSB found the barge's tugboat operator failed to respond to radio warnings about the disabled duck boat in the minutes before the crash. New York Injury Lawyers Holly Ostrov Ronai and Peter Ronai have filed a lawsuit against the duck boat company, the tug boat operators and the City of Philadelphia on behalf of the two students and their families.

Continue reading "City continues to ignore warnings of injury attorneys in wake of Philadelphia duck boat accident" »

The Ride the Ducks company, whose boat was involved in a deadly crash that claimed the lives of two students, will not return to the Delaware River, the Associated Press reported.

The New York wrongful death lawyers at Ronai & Ronai have filed suit against the company, the tugboat company and the City of Philadelphia after the fatal duck boat accident in Philadelphia. The disabled duck boat was anchored in the shipping channel with it was run over by a barge and sank to the bottom of the Delaware River. Thirty-seven passengers were thrown into the water. Hungarian students Dora Schwendtner, 16, and Szabolcs Prem, 20, were killed.

Attorney Holly Ostrov Ronai and Attorney Peter Ronai had asked the city to prohibit the boats from returning to the water and endangering the lives of more tourists until a complete investigation into the July 7 crash can be conducted. Instead, the city is apparently prepared to resume tours in March on the smaller Schuylkill River across town.

The company had initially intended to resume rides after the National Transportation Safety Board released its initial report, which occurred last month. As we reported on our New York Injury Lawyer Blawg, that report said the tug boat pilot did not respond to distress calls from the duck boat and warnings from other nearby vessels.

The new plan calls for the boats to enter the Schuylkill near the Water Works on a ramp that will be built by the company. The ramp will need city approval and will be paid for by the company, the Philadelphia Daily News reported.

Continue reading "Philadelphia Duck Boats to Operate on Smaller River after Fatal Accident" »

The U.S. Coast Guard rejected safety improvements to Duck Boats suggested by the National Transportation Safety Board in the wake of a 1999 accident that drown 13 riders in Hot Springs, Arkansas, according to CNN.

The law firm of Ronai & Ronai has filed a wrongful death lawsuit on behalf of the families of Dora Schwendtner, 16, and Szabolcs Prem, 20, who were killed in the Philadelphia Duck Boat accident on July 7. The boat became disabled and was anchored in a shipping channel when it was struck by a barge. The boat sank 40 foot to the river bottom, throwing 37 passengers in to the river. The lawsuit claims the boat was operated in an unsafe manner, lacked proper safety equipment and was poorly designed. The lawsuit also faults the tug boat company and the City of Philadelphia.

The original duck boat was an Army design used to transport troops and materials from warships to land during World War II. General Motors build 21,000 of the vessels, officially called DUKWs. Most were junked after the war but a few were converted for tourism. The Philadelphia boats are modern replicas build in Branson, Missouri. A total of 128 of the boats are certified to operate nationwide, according to the U.S. Coast Guard.

The 1999 crash of the Miss Majestic, which claimed 13 lives when it sank in Lake Hamilton in Hot Springs, resulted in several design changes being recommended by the NTSB, which investigated the accident.

Among the recommendations made by the NTSB --to counter what it said was an "unacceptable level of risk to passenger safety" -- was the installation of reserve buoyancy, such as the foam or watertight compartments used in modern boat construction. Investigators also found that several of the victims were trapped under the duck boat's canopies, which needed to be removed or modified to be easily removed in an emergency.

Wearing a life jacked actually increases the risk of being pinned in the canopy as the vest attempts to push a victim toward the surface.

Continue reading "1999 Duck Boat Crash Highlighted Risks Faced by Victims of Philadelphia Duck Boat Accident" »

A CNN article questioning the assertion that Duck Boats are unsafe somehow misses the main points of the wrongful death lawsuit filed by Ronai & Ronai on behalf of two students killed in the July 7 Philadelphia duck boat crash.

Peter Ronai and Holly Ostrov Ronai filed the lawsuit claiming the boats were unsafe and were operated unsafely on the day 37 tourists were run over by a barge after the Duck Boat became disabled and was anchored in a shipping channel. The lawsuit was filed on behalf of Dora Schwendtner, 16 and Szabolcs Prem, 20, who were killed in the crash.

Inexplicably, the CNN article focuses on the fact that the boats have had just two fatal accidents in 50 years. Setting aside that assertion, which we are not even sure is correct, one of the primary arguments made in the lawsuit is that the boats are deadly in the event of an accident or emergency. In this case, that the fixed canopy prevents a timely escape, that safety equipment was not maintained, that flotation devices were not required for passengers and that it was operating outside the Coast Guard's approved limits.

The lawsuit has also been filed against the tug boat operator and the City of Philadelphia. As we reported earlier this month on our New York Injury Lawyer Blog, the initial NTSB investigation has determined that the tug boat did not respond to distress calls from the stalled Duck Boat or nearby vessels.

The owner of the Duck Boat company has attempted to use the NTSB findings to get clearance to resume operations. Since beginning operations in 2003, the Philadelphia boats have transported more than 1 million passengers on 42,000 tours of the city, according to a company statement.

The Ronais are against putting more tourists at risk until their safety can be assured. "There is no doubt that Dora and Szeb, on their first trip to America, thought they were safe when they boarded the duck boat. They had no idea they were on an accident waiting to happen," said Attorney Ostrov Ronai.

Continue reading "CNN's Duck Boat Fatality Statistics Ignore the Risks Faced by Philadelphia Duck Boat Victims in the Wake of Accident" »

A preliminary report issued on the fatal Philadelphia duck boat crash has been issued by the National Transportation Safety Board and found that the tugboat pilot did not respond to radio distress calls of the stalled duck boat or other nearby vessels.

The Philadelphia Inquirer reports that NTSB officials characterize the two-page report as a summary of factual findings and not a finding of fault.

As we reported last month on our New York Injury Lawyers Blawg, the personal injury and wrongful death law firm of Ronai & Ronai has sued the duck boat company, the tugboat company and the City of Philadelphia for the deaths of two students, Dora Schwendtner, 16, and Szabolcs Prem, 20

The disabled tugboat was run over by a 290-foot barge on July 7, throwing 35 passengers and two crew members into the water. The boat sank 40-foot to the river bottom.

The NTSB reports the duck boat entered the water about 2:15 p.m. About 10 minutes later, its captain shut the engine off after detecting smoke and issued an alert via VHF marine radio channel 13. He then ordered the deckhand to anchor in the river to keep from drifting while he placed a call to the duck boat company seeking a tow.

A recording nine minutes later by the Burlington County Bridge Commission reveals a warning being issued to the tug boat that the duck boat is broken down and unable to maneuver. Other calls of warning to the tug were also ignored.

An attorney and representative of the tugboat company would not comment to the media; the duck boat company claims the findings and radio recordings show its captain acted appropriately.

The NTSB's full report is not likely to be issued until next year.

Continue reading "Tug did not respond to radio distress calls in Philadelphia duck boat accident" »

News Radio 1060 is reporting that a decision on whether to permit the "Ride The Ducks" company to resume operating duck boats on the Delaware River could be issued within the coming days.

The rides have been suspended since July 7, when a deadly Philadelphia duck boat accident threw 37 people into the river after one of the boats was struck by a barge that was nearly the length of a football field. The personal injury and wrongful death law firm of Ronai and Ronai LLP, has filed suit on behalf of two students killed in the crash. The lawsuit against the boat company, the tugboat and the City of Philadelphia has been filed on behalf of Dora Schwendtner, 16, and Szabolcs Prem, 20. Additional information is available on our New York Injury Lawyer Blawg.

The news station reported that City Managing Director Richard Negrin was awaiting the preliminary report from the NTSB.

Attorney Holly Ostrov Ronai called the boats "death traps" in a letter urging the city to issue a moratorium banning a resumption of duck boat rides. She claims the boats lack sufficient buoyancy to remain afloat if they take on water and that the shade canopy can trap passengers in the event of an emergency.

Safety advocates have also called on city leaders to await the full report of the National Transportation Safety Board, which could take a year. However, city leaders appear set to ignore those pleas.

Continue reading "Results of preliminary investigation could be enough to put duck boats back in water after Philadelphia accident" »

The National Transportation Safety Board could release the results of the preliminary investigation into the fatal Philadelphia duck boat crash by the end of the month, FOX News reports.

And that could permit the duck boats to once again begin endangering the lives of passengers, according to New York accident attorneys Peter Ronai and Holly Ostrov Ronai.

The Ronais are representing the parents of Dora Schwendtner, 16, and Szabolcs Prem, 20; the two students were killed in the July 7 Duck Boat crash that sent 37 people into the Delaware River. The sightseeing vessel was rammed by a barge while anchored in a shipping channel. The boat sank 40 feet to the river bottom.

As we reported on our New York Injury Lawyer Blog, Holly Ostrov Ronai called the boats "death traps" in a letter urging the city to issue a moratorium banning the boats from city waters.

A wrongful death lawsuit also contends that the tour company provided no life vests to passengers and that the boats lacked basic safety equipment.

Yet, instead of waiting for the final report, it appears the company and the city are poised to rush the boats back into operation. The family of the victims could not even be left in peace to hold a small memorial service; instead, a duck boat floated past on a practice run as they put wreaths in the water in honor of their loved ones.

Continue reading "Philadelphia Duck Boats could Endanger Lives if Permitted to Resume Operation Next Month" »

A wrongful death lawsuit has been filed against defendants believed responsible for the Philadelphia duck boat accident that claimed the lives of two students, the Courier Post reported.

The suit has been filed against Ride the Ducks of Philadelphia LLC, K-Sea Transportation Partners LP, a tugboat operator; and the City of Philadelphia, which owned the barge. New York injury attorney Peter and Holly Ostrov Ronai are representing both students killed in the crash.

Dora Schwendtner, 16 and Szabolcs Prem, 20, were killed when the 290-foot barge rammed the tugboat, throwing 37 tourists into the river and causing the boat to sink 40 feet to the river bottom.

The suit claims the duck boat failed to increase buoyancy in accordance with the recommendations of the National Transportation Safety Board; operated in violation of NTSB recommendations by having a fixed canopy that prevented timely passenger escape; failed to maintain safety equipment; failed to issue and require passengers to wear floatation devices, operated outside the Coast Guard's approved limit and failed to summon emergency assistance.

It also claims the tugboat failed to post a lookout and operated in a busy shipping channel with a blindspot; failed to monitor emergency radio channels and was deaf to the duck boat's distress calls. The lawsuit also claims the tugboat was operating undermanned and that crew members refused to cooperate with the NTSB investigation.

The Courier Post reports the engine of the duck boat overheated shortly after entering the river and the captain had anchored in the shipping channel to wait for help. The barge, which was being pushed northbound near the Benjamin Franklin Bridge, rammed the boat.

As we reported previously on our New York Injury Lawyer Blog, the Ronais have called for a halt to duck boat tours until the incident can be thoroughly investigated. However, the company continues to work with the Coast Guard to get clearance to begin hauling tourists once again.

Continue reading "Duck Boat Wrongful Death Lawsuit faults Tour Company, Tugboat, City of Philadelphia" »

The parents of Hungarian student-tourists Dora Schwendtner and Szabolcs Prem visited the site of the fatal July 7 Duck Boat crash this week. Having traveled from half a world away, to stand along the banks of the Delaware River, they were greeted by the sight of a passing Duck Boat.

New York wrongful death attorneys Peter Ronai and Holly Ostrov Ronai have moved aggressively to represent both families after the students, ages 16 and 20, were killed in the Philadelphia Duck Boat crash. The husband and wife team has called for a halt to Duck Boat tours until the horrific crash can be thoroughly investigated.

Instead, the victims' family members had to mourn their deaths in the shadows of a passing duck boat.

"We were down by the river and as we threw the flowers in for our children, we saw a duck boat pass in front of us," Aniko Takacs, the mother of 16-year-old Dora Schwendtner, told the Philadelphia Daily News. "I thought it was terrible."

A representative of the Duck Boat company said they were not aware of the visit by victims' family members. The parents floated a white wreath for Dora and a red, white and blue wreath for Szabolcs. Each was an only child.

Ride the Ducks is working with the Coast Guard to get cleared to transport passengers again.

The July 7 crash happened when a 250-foot barge crashed into the sightseeing boat. Thirty-seven victims were thrown into the river and the boat sank 40 feet to the river bottom. In a letter to officials, Attorney Ostrov Ronai called the vehicle's "death traps" that lacked sufficient buoyancy to stay afloat when taking on water. She also said the shade canopy can trap passengers in the event of an emergency.

Continue reading "Family of Philadelphia Duck Boat crash victims endure passing Duck Boat during Memorial" »

Attorneys for victims of the fatal Philadelphia Duck Boat crash are calling for the U.S. Coast Guard and the City of Philadelphia to prevent the sightseeing vessels from returning to the water.

New York Personal Injury Lawyers Peter and Holly Ronai are representing the families of two students, Dora Schwendtner, 16, and Szabolcs Prem, 20, who drowned in the July 7 Duck Boat crash. The husband and wife legal team has ties to the Philadelphia area and is also offering free and confidential appointments to anyone else who was injured or lost a loved one in the tragedy.

"The families are devastated," Peter Ronai told the Inquirer. "Dora's father wants the people responsible for this put in jail."

The crash happened when a 250-foot barge slammed into the sightseeing vessel, sending 37 people into the Delaware River. The boat sank 40 feet to the river bottom.

In a letter to officials, Attorney Holly Ostrov Ronai called the vehicles "death traps" and urged the city to issue a moratorium banning the amphibious vehicles from operating in the city's waters, according to NBC News.

The letter contends that the boats lack sufficient buoyancy to remain afloat if they take on water and that the canopy that shades passengers turns the boat into a dangerous cage in the event of an emergency.

Continue reading "New York Injury lawyers call for halt to sightseeing tours after Philadelphia Duck Boat crash" »