City Looks To Limit Liability In Staten Island Ferry Crash . . Again!
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The City of New York, taking the lessons learned from the lawsuits resulting from the October 2005 crash of the Andrew J. Barberi, has once again sought to limit their liability from the May 8, 2010 crash of the same ferry boat. The City of New York recently filed a petition in federal court in Manhattan asking that court to limit their liability to $14.4 million, the estimated value of the ferry boat. The petition, filed under the Limitation of Liability Act of 1851, also has the effect of consolidating cases filed in New York State courts into the federal court arena.
The City is once again claiming that the crash, which injured 32 people, simply wasn't their fault. Although the Barberi has had a history of crashes, the City is arguing that the American Bureau of Shipping certified the ship as seaworthy and they did nothing wrong in causing the crash. As this blog has previously posted, a subsequent NTSB investigation (pdf) revealed that samples of the oil used to control the steering engine were highly contaminated. This contamination caused the propulsion valves to become sluggish, possibly causing the steering system to fail. In fact, shortly after the crash, the United States Coast Guard issued a Safety Alert recommending that the two oil filters on the propulsion engine be changed periodically. Despite the Andrew J. Barberi being in service since 1981, and the fact that the Manufacturers Owners Manual requires regular replacement, maintenance engineers NEVER once changed the filters in 29 YEARS! For the City of New York to now claim that they bear no responsibility for the crash is totally disingenuous. Their maintenance department failed to change a necessary component, apparently never taking the time to read the owners manual in the 29 years that they owned the ferry boat.
Unfortunately, what what the City is really trying to accomplish is to take these injury cases away from a jury and to use the pressure of the federal courts to force settlements upon the claimants. In the October 2003 litigation, the City's petition to limit liability was defeated as the federal court found that the Department of Transportation did not even enforce their own rules requiring two-pilots to be in the wheelhouse, a direct cause of the crash. This situation is no different. As was the case in 2005, I don't believe the City has any hope that their petition will be granted. What they hope is to have all the cases filed in federal court and by the time the petition is decided, it would be too late to go back to the State court. The City is hoping that a federal judge wont punish them for their neglect like a jury of our citizens would. Once again, the City is playing with your safety by cutting costs and then attempting to reduce their liability for the injuries they caused. I hope the federal courts see through this game and deny the petition, sending the cases back into State court.
I agree this is a particulary egregious failure, to maintain the steering system of this vessel. But before people all become cash crazy and want to bankrupt the city of New York for their negligence. The lack of maintanance probably speaks to the tight budget restrictions they are under which will only be made worse with this lawsuit plus remember its the New Yorkers that end up paying for these failures in their taxes, not the people who caused it, so you're only punishing yourself, sadly.
Dear Concerned Individual,
I do welcome your comments regarding my blog post. I do agree that municipalities such as the City of New York face a severe burden in the current financial crisis. However, do you mean to say that the City has the right to put our safety at risk based upon finacial considerations? Don't we all end up paying for the accident, regardless of suits against the City, when the necessary medical care raises your health premiums?
A punishment compels the City to make changes. The previous crash of the M.V. Andrew Barberi left 11 people dead and hundreds serioulsy injured. After the crash, faced with lawsuits, changes were made to make the ferry safer for Staten Island residents, including requiring the ferry system to follow their own rules. In fact, some of the safety practices implemented after the 2003 crash helped saved lives in the 2010 crash, such as better public address systems and more crewmen on deck at the time of docking.
In my opinion, the budget had nothing to do with the lack of maintenance. The filter was never once changed in the almost 30 years since the ferry started operation. No one ever even read the owner's manual. The current financial crisis had nothing to do with the blatant failure to even learn how to maintain a ferry that carries thousands of people each day. Without doubt, the City would not change anything unless compelled by the threat of lawsuits. They have shown on occassion after occasion that left alone, nothing changes until people get hurt. As a Staten Island resident, I wont allow such behavior to continue.