The Lombardi Law Firm Blog

Dry-docked boat collapses killing young boy

Boating in Iowa, Safety is Worth Learning

Boating in Iowa on Memorial Day weekend was deadly with multiple fatalities

Boat dock liability - The faulty electrical system.

Boating in Iowa, Let's be careful out there!

Boating News from Iowa and the Midwest - If you're the captain you need to act like a captain

Going out on the boat is supposed to be about fun and relaxation, but safety rules never take a break. The reality is that the captain of the boat must maintain control at all times. And even though you may be on a small watercraft, such as a Boston Whaler, you still need to maintain control. That means you don't get to drink and drive. It means at times you have to be the heavy hand of reason. That's just the nature of owning a boat.

I grew up on the waters off of Bristol Harbor, in Bristol Rhode Island. We hung around at the end of Fales Road where Denny Capinagro and Johnny Cloud lived. They owned boat but I was too poor. They owned a 13' 6" Boston Whaler. Because I weighed only 80 pounds I was the first to try and water ski with the 25 horsepowered Evinrude. The Whalers today are a lot prettier than back in the late 60's and early 70's but the rules remain the same. We had lots of fun on the water but we never forgot who was in charge.

No matter how young of a captain you may be, remember the consequences of what you do or don't do. Control your passengers and when they get out-of-hand, you can always drop them off on shore or at the dock.

Take a good hard look at the second news item from Omaha, Nebraska and you'll see how one decision lead to a difficult ending to what would have been a fun day.

Iowa – As of May 2009 Iowa made wearing a safety vest for those boaters under age 13 mandatory. There is an exemption for commercial boats with a capacity of 25 people or more or while in an enclosed cabin and below deck.

Omaha, Nebraska – Two women were being pulled on an inner tube behind a boat and one died when the inner tube was whipped around on a turn and struck a dock. This accident occurred in Douglas County on West Shores Lake. The women injured were Jennifer Dwyer (30) and Kimberly Spangler (29). Todd Spangler (30) the boat operator was reportedly cited for suspicion of a BUI. (Boating under the influence.) This was certainly a tragedy and one in which a day of fun turns into a lifetime of heartache and painful memories. Both women needed to be flown to an area hospital where Dwyer died. There is no indication of whether she died of head injuries or spinal injuries. From a legal standpoint there are many issues we can’t discuss but operator error is certainly an issue along with those being pulled watching out and dropping when danger approaches. Of course being whipped around makes it difficult to see what is coming. Drinking alcohol and driving never helps or contributes to a safe boat outing.

Ogollala, Nebraska – Three people were injured and another killed when a mechanical problem cause a speed boat to flip and roll. The boat broke apart causing all passengers to be ejected. A Colorado man was killed. The other passengers were his wife and two children ages 15 and 9. The family is from Parker, Colorado a suburb of Denver.

Missouri - See what it’s like to patrol the waters in Missouri with the state water patrol. Officially they are called the Missouri State Water Patrol.

Boating Safety - River fun doesn't take place near a Cedar River dam

On July 30th 2009 at about 7:30 p.m. a man riding a personal watercraft in the Cedar River died after getting to close to a dam and getting sucked under. While his name hasn’t been released the police have stated that he was wearing a life vest but the undercurrent was too strong. Mr. Buelow a Fire Department spokesman stated that, “roller dams have a re-circulating current and anything drawn into the current is pulled under and barreled into a wall”. One has to wonder what kind of safety precautions are set up to avoid things like this; are there clear markers of where riders should and shouldn’t be riding, is it safe to even be on a personal watercraft in this area, was there something that could have been done differently? Whatever the reason this is a tragic and untimely end to a life.

Boating Safety - Here are links to places on the WWW where you can get tips on boat safety.

Minnesota Department of Natural Resources – I’ve heard it said that in Minnesota there are two seasons: fishing and hunting. With over 10,000 lakes the DNR has an enormous task of monitoring use of the indigenous waters. Safety tips from the Minnesota DNR are available online and are free.

Wisconsin Boating Safety Classes – The Dodge County Sheriff’s Office is offering boating safety classes from June 29^th through July 2 at the sheriff’s department located at 124 West Street, Juneau, Wisconsin. It will cost you $10, an amount well worth a saved life.  Get your kids out of the house, away from the television and into one of these classes.

Boat Building – The boat builder’s home page has an entire blog devoted to just boating safety. The boat builders cover everything from carbon monoxide poisoning to paddling, boating news and boating accident analysis.  If you need safety advice this appears to be a good stop. You can search the site for just what you’re looking to read. They offer an extensive links page that includes the following.

Links to New Boat Builders Home Page

·      New Boat Builders Home Page

·      Ike's List - Links to Everything Boatbuilding!

·      New Boat Builders Home Page Boat Builder News

·      My Space Page

Other Boating Safety Links

·      National Safe Boating Council

·      USCG Boating Safety Web Site

·      USCG Coast Guard Auxiliary

·      USCG Commandants Blog

·      USCG Waypoints Boating Safety News Letter

·      BOAT US Boat Owners Assoc Of the US

·      Boat Safe . Com

·      Marine Safety

·      American Boating Association

·      Essential Boating On The Web

·      The Foundation For Safe Boating

·      Boating Safety Resources

·      Mad Mariner-Boating Blogs

·      Other Boating Blogs

·      ABOUT.COM Powerboating

Should Iowa adopt a warning system to educate as opposed to punishing law violators

Galway, Ireland - The Irish Times offers Five Cautions in Galway Over Water-safety Gear, but Lorna Siggins.  Lorna points out safety warnings being issued about not wearing proper life jackets which interestingly is required for children under 16-years-of-age to wear a life vest.

“Under current legislation, children under 16 must wear PFDs/lifejackets when on deck on a vessel under way, regardless of its size. For adults, the devices must be worn at all times on deck on vessels under way that are under seven metres in length, and for larger vessels (including the entire Volvo fleet), the devices must be available to all on board.

The legislation is enforced by the Garda Síochána, rather than by the Irish Coast Guard or Naval Service. The Garda Water Unit was on duty at the Volvo Ocean Race stopover for the fortnight due to the large number of private craft on the water, while the Royal National Lifeboat Institution (RNLI) provided additional support craft for the Galway inshore lifeboat Dóchas.”

I do enjoy looking across the big puddle and seeing what the European countries do to tackle similar problems. From climbing around the world I’ve come to realize how similar other cultures to our own here in America.  See here that in Ireland they too have laws requiring children of a certain age to wear life-saving vests. One noted difference is in Ireland they issue warnings or citations. The warning stresses education of the public more so than punishment.

Boating News from Iowa: Two- 13-year-old boys collide boats on Lost Island Lake

Two 13-year-olds operating separate boats collided on Lost Island Lake east of Spencer, Iowa.  Lost Island Lake is one vacation water spot in Iowa. One of the boys was injured and flown to a hospital in Sioux Falls, South Dakota on Sunday.   The report from KCCI indicates the one boat driven by Langerman had another 13-year-old passenger, Morgan Muller.

Question remains to be answered as to what they were doing just prior to colliding. When I grew up on the water every boat had a green/red light on the front indicating which side your boat should stay with an approaching boat. Also larger boats have to yield to smaller-slower boat.

Who should have yielded the right-of-way? What were they doing at the time just previous to colliding? There are many questions to be answered and few details to go on.

Lost Island Lake, Iowa 51358

Boat Operator is Charged Further with Death of Passenger

Previously I posted, A Sioux City Councilman was injured in a boating accident on the Missouri River. It seems the case has taken another turn. It’s being reported by the major news sources the boat driver has been charged with two felonies related to the death of a passenger.

Oscar Gomez, of South Sioux City, Neb., was rescued. The other man, Bruce Wright, also of South Sioux City, Neb., disappeared. His body was found two days later about 11 miles downstream.

No longer can you drink and drive while boating. The law doesn’t allow it and here we have several people whose lives will be affected in the years to come. Also it’s worth mentioning; boat owners need to carry liability insurance, usually through their homeowner’s insurance policy or depending on the size of the boat and motor in a separate policy. That covers not just the owner when they make a mistake but also the injured or passengers that are killed. In this instance we probably have a widow and wife whose income streams have been stopped due to their husbands being injured or killed.

From the news sources this man’s body wasn’t found for two days. Consider this, drinking and driving a boat isn’t any different than drinking and driving a car; if you injure or kill someone you’re just as liable for medical bills, lost wages, reduced earning capacity, pain, suffering, brain damage, a head injury or severed limbs. Don’t be foolish, consider the consequences.

Boating is serious business and needs to be taken as such.

Boating News from Iowa and the Midwest - Wearing your life jacket.

Iowa – As of May 2009 Iowa made wearing a safety vest for those boaters under age 13 mandatory. There is an exemption for commercial boats with a capacity of 25 people or more or while in an enclosed cabin and below deck.

Omaha, Nebraska – Two women were being pulled on an inner tube behind a boat and one died when the inner tube was whipped around on a turn and struck a dock. This accident occurred in Douglas County on West Shores Lake. The women injured were Jennifer Dwyer (30) and Kimberly Spangler (29). Todd Spangler (30) the boat operator was reportedly cited for suspicion of a BUI. (Boating under the influence.)  This was certainly a tragedy and one in which a day of fun turns into a lifetime of heartache and painful memories. Both women needed to be flown to an area hospital where Dwyer died. There is no indication of whether she died of head injuries or spinal injuries.  From a legal standpoint there are many issues we can’t discuss but operator error is certainly an issue along with those being pulled watching out and dropping when danger approaches. Of course being whipped around makes it difficult to see what is coming. Drinking alcohol and driving never helps or contributes to a safe boat outing.

Ogollala, Nebraska – Three people were injured and another killed when a mechanical problem cause a speed boat to flip and roll. The boat broke apart causing all passengers to be ejected. A Colorado man was killed. The other passengers were his wife and two children ages 15 and 9. The family is from Parker, Colorado a suburb of Denver.

Missouri -  See what it’s like to patrol the waters in Missouri with the state water patrol. Officially they are called the Missouri State Water Patrol.

Water Safety with the Red Cross - The American Red Cross offers these tips:

ON THE WATER

- Always wear a U.S. Coast Guard approved life jacket when boating and fishing. Close to 80 percent of boating fatalities in the U.S. are caused by drowning.

- Alcohol and boating don’t mix. More than 50 percent of drownings from boating accidents involve alcohol.

- Develop a float plan. Anytime you go out in a boat, give a responsible person details about where you will be and how long you will be gone.

- Know weather conditions and prepare for an electrical storm. Because water conducts electricity it is wise to stop swimming or boating as soon as you see or hear a storm.

- Carry basic safety equipment — life jackets, a throwable personal flotation device, tow line, extra paddle, a bailing device, distress signal, fire extinguisher and first aid kit.

Source: American Red Cross

Boating News from Iowa and the Midwest - Boat electrical failure, fire and explosion.

I’m continuing to post news and information about boating safety. Today we have a website with interesting information about traveling with children, infants and small children. I’m providing a website with accidental injury statistics. These statistics really tell us where to identify the main causes of injury or death.  They also identify those months of the year that are the most dangerous to boating or being around the water. And one last news item has to do with an electrical fire that sparked a fire and ended with an explosion; an event that should tell you something about what to do when a fire breaks out on board. Get the children into life jackets and off the boat.

www.Gurgle.com – This website post offers 13tips for traveling and visiting with small or infant children. 

Boating’s most dangerous times of the year are the months of May through August. Worldwide drawings are estimated to total 1,750,000 per year.  Talking to your children about safety seems to make sense but probably isn’t done properly. Just saying “Use your head”, doesn’t get your point across.

Harrison, Maine – Four people escaped injury and death while on Maine’s Long Lake. The cause of a fire onboard is likely to be an electrical short that sparked a fire and then an explosion.  Maine is also participating in Operation Dry Water and has over 100 game wardens patrolling the waters.

Boating Accident Statistics - If you’re interested in boating accident statistics look no further than Commander Bob and his web blog.  Boating fatalities from recreational boating have dropped year over year, and that’s good news. He points to alcohol being a likely cause of many. He’s got a graph for boating fatalities from 1991 to 2008, fatalities by type of boat, whether the person killed was wearing a life jacket or not, along with many other types of classifications. You can also visit the U.S. Coast Guard’s website page called The Main Channel and Beacons. The Coast Guard provides a free boating safety information sheet for recreational boaters. Apparently the acronym for drunken boating is BUI, boating under the influence.  

Boating News from Iowa and the Midwest - A Sioux City Councilman was injured in a boating accident on Oak Lake

I’m a bit behind on boating posts. I’ve collected some boating news so let us examine how people are injured while boating or on or near the water’s edge.

A Sioux City Councilman was injured in a boating accident on Oak Lake

Nebraska – Two people were killed in Lancaster County on Oak Lake. The mishap occurred on a Sunday morning around 8:20 a.m. Cousins, Eric Jarecki (32) and Jason Hafsaas (25) were driving a speed boat, turned sharply, were thrown from the boat and the boat ran over and killed them. Speed appears to be the main factor involved. Reckless driving and perhaps not using some sort of seatbelt harness might also have contributed.

Iowa – Nebraska – Two men were thrown from the boat they were riding in on the Missouri River. Bruce Wright (31) or South Sioux City, Nebraska was missing. This accident occurred at around 8 p.m. one mile north of Salix. Oscar Gomez (33) was injured and flown by helicopter to a local hospital. Gomez was charged with operating a boat while intoxicated.  The news description is that Oscar Gomez and Bruce Wright were thrown from the boat as the driver Samuel Gomez (32) suddenly slowed down.   Cause is likely a sudden deceleration, failing to give a proper warning to the passengers, perhaps failure to wear life vests, drinking and driving along with the possibility of reckless driving or fooling around. Just don’t know because there is nothing further in the news report. The Iowa DNR by Kevin Baskins provided the report along with the Des Moines Register and the Sioux City Journal.  Oscar Gomez is a South Sioux councilman. Injuries were cuts on the right leg likely from the propeller and a left hip injury.

Naples, Florida – In this trial being held in June 2009 the plaintiff’s case hinges on how the jury views prevention as applied to propeller accidents maiming a person in the water. A woman was permanently disfigured when struck by the boat engine’s propeller. A U.S. Coast Guard expert testified that all propeller accidents could be prevented if a propeller guard was used or incorporated into the design. The trial testimony with the plaintiff calling the defense expert on direct, but hostile examination is rather interesting for the admissions given by the defense expert on how industry uses testing to not set standards.

Wisconsin – The sheriff’s in Wisconsin will be out looking for drunken boat operators. The federal or national initiative is called “Operation Dry Water” and is a program to keep drunken boat operators off the waters.  Simply someone on board, the operator has to have nothing to drink of an alcoholic nature. What you could do is make everyone pay $5 or $10 into a kitty and whoever is the designated driver gets to keep the money.  The Minnesota DNR offers a couple of safety tips including wearing a safety vest.  And Minnesota DNR offers a free boating guide.  The boating guide is an electronic version of the printed materials you can pick up at any boat shop.