Michael Tangye (courtesy of The Palm Beach Post)

I was within minutes of witnessing a horrific boating accident on Seneca Lake that killed a boater.

Last Saturday night, I took a friend who was visiting from Colorado on the Sunset Cruise on the True Love schooner sailing excursion in Watkins Glen, N.Y.

After a nice dinner, we boarded my boat for the eight-mile trip to my Seneca Lake cottage. We motored north out of the Seneca Lake marina, not knowing that minutes later a tragic collision was to occur when a boat headed south drove into an unlit, concrete seawall.

Schuyler County Sheriff’s depuities said Michael Tangye, 42, of Boynton Beach, Fla., was killed Saturday evening when he was ejected from the boat he was operating when it struck the seawall, according to the Rochester Democrat and Chronicle Newspaper.

Deputies said two other passengers, 24-year-old Ashley Kay of Orland Park, Ill., and 25-year-old Joseph Hager of Montour Falls are in stable condition at Robert Packer Hospital in Sayre.

Police haven’t said yet whether alcohol played a role in the crash. The investigation continues.

Two veteran boaters told WETM-TV that the concrete seawall is dangerous because it needs more lights.

Doug Viele of Horseheads and John Kizale of Sayre, who say they have been boating on Seneca Lake for 30 years, said they have seen and heard about many accidents at the seawall and are amazed there have not been more fatalities.

“The wall needs some type of lights in the center because it’s a big dark hole,” Kizale told WETM. “It has lights on each end but the middle is totally black and it’s easy to run into. It certainly is dangerous.”

“When it’s dark out, it’s very dangerous,” Viele added. “If you have headlights in your boat, turn them on because you can’t see that wall if you don’t.”

Let this accident serve as a tragic reminder of dangers in the water for all boaters. Let’s be safe out there!

Thanks for reading.

Jim

Life jackets save lives. Two recent drownings are a stark reminder.

Two people drowned over the weekend, and at least one of the two – a 16-year-old girl – was not wearing a life jacket.

It’s possible both were not wearing life jackets, authorities said.

One of the drownings was on the Susquehanna River in Sayre, the other on a pond in Yates County.

These two tragedies might have been avoided if they had worn life jackets.

“I’ve never read about or heard about emergency personnel pulling a body out of water that had a life preserver on,” Jim Pfiffer, the director of the Friends of the Chemung River Watershed, told WENY-TV.

On Saturday, Michael S. Smith, 47, and his friend Kenneth Foss were on the Susquehanna River just south of the Sayre boat launch when their boat capsized, investigators told the Star-Gazette.

Foss returned safely to shore but Smith was trapped between the boat and a tree limb and drowned. His death was ruled accidental. Authorities did not know whether the two men were wearing life jackets.

Early Sunday, 16-year-old Susan Hoover of Penn Yan drowned when she and four others were thrown into a town of Benton pond when their five-person paddle boat took on water and tipped over. There were no life jackets aboard the boat, authorities told the Star-Gazette.

Her body was found in 19 feet of water hours later, investigators said.

Because of the circumstances of Smith’s death, it’s impossible to know whether a life jacket would’ve saved him.

But both victims would’ve had far better chances to survive with life jackets.

Never go out on the water without a life jacket at hand, and if you are in a boat on moving water you should always be wearing a life jacket!

To see the WETM-TV report, click here.

For an area with so much water for recreational use, it is a shame that accidents like this occur year after year. Click here to see our warning from last year about the danger of swimming in the rivers.

Thanks for reading, and stay safe this summer!

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Injury and Accident Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

A new campaign aims to cut down on accidents caused by unnecessary distractions.

We live in a world of distractions, and a new campaign launched this week in the Southern Tier aims to remind everyone – pedestrians, bicyclists and motorists – about the dangers of not paying attention.

The traffic safety boards of Chemung and Steuben counties kicked off “Be Alert, Distraction Kills” in hopes of curbing accidents.

“We had a spate of bicycle and pedestrian deaths in Elmira, but that alone was not the reason for this initiative,” Jay Schissell, vice chairman of the Chemung County Traffic Safety Board and director of the Elmira-Chemung Transportation Council, told the Star-Gazette newspaper at a news conference.

“If there’s one commonality to the crashes we’ve been having recently, it’s distraction,” he added. “Distraction on the part of all users in the transportation system.”

He’s right! We all have the potential to get distracted when we walk, ride or drive – too often by cell phones and other devices.

But it is OUR JOB (and our legal obligation) to pay attention!  Failing to do so needlessly endangers other people and it just is NOT right that we should put someone else at risk of serious injury (or death) just because we don’t care enough to pay attention!

Schissell listed some all-too-common distractions – cell phones, CD players in cars, eating, putting on makeup, wearing headphones and using illegal drugs.

We forget how dangerous distractions can be until someone gets hurt!

Law enforcement will be involved in getting the message out, too.

The Elmira Police Department used a grant to buy a distracted driving simulator to be used in classrooms.

“We don’t want it to be just a video game,” Police Chief Michael Robertson told the Star-Gazette. “We want it to be an educational tool.”

Corning Police Chief Salvatore Trentanelli said they also plan an educational campaign, adding, “However, there will be some enforcement maintained by the police agencies.”

The campaign will also include portable message signs along some roads and YouTube videos, according to news reports, but in the end, it is up to all of us to STAY FOCUSED!

“It’s not for bicyclists, it’s not for pedestrians, it’s not for motorists,” said Schissell of the campaign. “It’s for everybody.”

Let’s remember that – and BE SAFE!

To see the news reports:

Elmira Star-Gazette

The Leader in Corning

WETM-TV

WENY-TV

YNN

Thanks, Jim

Boaters are used to being warned about alcohol, speed and safety vests.  But a May 31 fatal accident in Erie, Pa., serves as a stark reminder of the dangers boaters face when refueling.

A 25-year-old Erie woman was killed and nine others, including a 2-year-old child, were injured when a 32-foot Wellcraft exploded after refueling at the Erie Yacht Club.

The Pennsylvania Fish and Boat Commission is leading the investigation with the Erie Bureau of Fire, according to news reports.

Erie fire investigators told the Erie Times-News newspaper that they believe a faulty gasket in one of the boat’s two tanks, which combined can hold 200 gallons of fuel, allowed gas fumes to back up into the boat’s engine compartment instead of being blown out.

The buildup of fumes fueled an explosion that investigators said was set off when the boat backfired as the boat’s owner tried to start the boat after refueling, the newspaper reported.

Here is the latest news: Investigators will now meet with experts to try to determine the cause of the explosion, the newspaper reported June 12.

Fuel fires or explosions caused three deaths and 113 injuries in boating accidents nationwide in 2009, according to the most recent information from the Coast Guard.

Refueling tips

The Coast Guard offers boaters these refueling tips:

Before fueling

• Put out all smoking materials and secure your boat to the dock.
• Know how much fuel your boat holds and how much you need.
• Turn off engine, electronics and extinguish all flames.
• Send passengers ashore and close hatches, ports and doors.
• Remove portable tanks and fill them on the dock.

During fueling

• Make sure you have selected the type of fuel you need.
• Be certain fuel is going into the proper fill entry.
• Use an absorbent pad or doughnut around the deck fill to catch spills.
• Maintain contact between the nozzle and deck fill to prevent sparking.
• Hold the nozzle when refueling — don’t use a hands-free clip.
• Fuel slowly and listen for a change in tone as the tank gets full.
• Don’t rely on the automatic shut-off device as they often don’t shut off in time. Marina fuel pumps flow at a faster rate than land-based pumps.
• Resist topping off. As the temperature rises, fuel expands. Fill tanks to 90 percent capacity to leave room for expansion.

After fueling

• Wipe up all spills and drips on deck from the overboard fuel vent. Dispose of used pads properly.
• Do not use detergents to disperse a sheen or spill on the water. It’s illegal.
• Open ports, hatches and doors to ventilate.
• Before starting the engine, operate the blower for three to five minutes.
• Sniff the bilges and engine compartment for fumes.

Remember that boating safety begins at the dock!

During our too short summers I am on Keuka Lake with my family as often as weather permits.  Fellow Ziff Law attorney Jim Reed spends his summers on beautiful Seneca Lake.  We are boaters ourselves, and know the pressure that Captain Dad is under to get the family out on the water as soon as possible.  There are so many things to remember, and most of them take time to address.  I have experienced the temptation to fire the boat up immediately after gassing up.  The boat is full of kids intent on a day of swimming, sunning, skiing and tubing – the cooler is packed  – the sunscreen is on  – everyone wants to get started.  It is at this point that we have to do the responsible thing.  Turn on the blowers, open the hatch and sniff for gas, make sure that everything is safe before you turn that key. The tragedy in Erie, Pennsylvania that inspired this story is a horrific reminder of what can happen when we take shortcuts.

Thanks for reading, and stay safe on the water this summer!

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Injury and Accident Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

The reality of actual drowning is very different. Drowning people aren’t just stifled by the water – but by the body’s physiological response to the crisis of drowning. The struggle to stay alive, to conserve oxygen and keep the head above water, traps drowning victims in a body that may not be able to spare the energy for calling out or splashing. Close to the final stages, drowning is often nearly silent.

I came across this terrifying information in  a very well-written and chilling blog post, “Drowning Doesn’t Look Like Drowning,” on the gCaptain site for maritime professionals. The post starts off with a short scenario: A boat captain saving the life of a little girl silently drowning only a few feet from her laughing, splashing parents.

Just recently, here in the Twin Tiers we had a number of drowning deaths. I wrote about them in the post, “NY Injury Lawyer Warns of Dangers of River Swimming.” I started the post to write about Elmira’s Fire Chief’s warnings to people considering swimming in the Chemung River – by the time I was done writing it, I had come across two stories of river drownings in New York State, “Girl Drowns in Susquehanna River,” and “Name of Northern N.Y. Drowning Victim Released” One victim was a 16-year-old girl, the other a 74-year-old man.

The involuntary reactions that cause drowning to be a quiet struggle are founded in the body’s uncontrollable instinct to survive. Here’s how Dr. Francesco Pia explained the phenomenon of the Instinctive Drowning Response in Mario Vittone’s post:

1. Except in rare circumstances, drowning people are physiologically unable to call out for help. The respiratory system was designed for breathing. Speech is the secondary or overlaid function. Breathing must be fulfilled, before speech occurs.

2. Drowning people’s mouths alternately sink below and reappear above the surface of the water. The mouths of drowning people are not above the surface of the water long enough for them to exhale, inhale, and call out for help. When the drowning people’s mouths are above the surface, they exhale and inhale quickly as their mouths start to sink below the surface of the water.

3. Drowning people cannot wave for help. Nature instinctively forces them to extend their arms laterally and press down on the water’s surface. Pressing down on the surface of the water permits drowning people to leverage their bodies so they can lift their mouths out of the water to breathe.

4. Throughout the Instinctive Drowning Response, drowning people cannot voluntarily control their arm movements. Physiologically, drowning people who are struggling on the surface of the water cannot stop drowning and perform voluntary movements such as waving for help, moving toward a rescuer, or reaching out for a piece of rescue equipment.

5. From beginning to end of the Instinctive Drowning Response people’s bodies remain upright in the water, with no evidence of a supporting kick. Unless rescued by a trained lifeguard, these drowning people can only struggle on the surface of the water from 20 to 60 seconds before submersion occurs.

(Source: Coast Guard’s On Scene Magazine: Fall 2006)

The moral of this post is don’t expect a drowning to look like it does in the movies. Be aware of swimmers who go quiet. Check and ask if they are OK – if they can answer they probably are. But pay particular attention around children. Play time in the water is loud and full of splashing and shouting. A real drowning is quiet.  If your child should go quiet while swimming, find out why and find out now!

Thanks for reading and stay safe this summer,

Adam

______________________________

Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

My book, “Would You Ride Your Motorcycle Naked?” It is available FREE to New York and Pennsylvania bikers; follow the link to order your copy.

Visit the NY Biker Law Blog for legal information and other fun stuff for bikers!

Can you imagine a friend or family member going on a fun trip to a tourist destination – and suffering a fatal accident while they were enjoying themselves? It would be devastating.

WETM-TV reported on the accident. Here’s a link to the story “Lake Accident Fatal,” also pasted in its entirety below.

As a personal injury attorney with more than 20 years of experience – and particular experience handling boating accident cases on a number of the Finger Lakes – I wanted to take a moment and emphasize why it’s so easy to be seriously or fatally injured in a simple accident on the water. The Ziff Law Firm has devoted a practice emphasis in boating accident cases.

Jet skis look like great fun, and don’t they seem safer than riding a bike or motorcycle? After all, you have the whole lake to spread out and water to cushion your fall. WRONG. It’s a fallacy to think that way – water can have an unforgiving impact.

Water is not a soft landing at high speed – hitting it can be like hitting concrete. And even held afloat by a life jacket, an unconscious person can be knocked face down and deprived of oxygen.

Not only do you have to worry about impact with the water but you also have to worry about impact with other objects like other jet skis, boats, docks, debris in the water, etc.  Please keep your eyes peeled and use the utmost caution when using a jet ski. Warn teens and kids, who frequently get caught up in the exhilaration of speed, of the dangers too.

Thanks for reading,

Jim
_______________________________________
James B. Reed, Esq.
NY Boating Accident Lawyer
Ziff Law Firm, LLP
William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

Lake Accident Fatal

(Sofia Ojeda, 7/05)

Tyrone, N.Y.- A man is dead Monday after 2 jet skis collided on Waneta Lake over the weekend.
Schuyler County Sheriff’s deputies say 43-year-old Lee Brandt of Wisconsin was on a jet ski with friends Sunday.
He was operating it along the East shore towards the North end of the lake.
Police say Brandt was riding his jet ski closely to another one.
That’s when he turned in front of the second jet ski and collided.
Brandt was struck suffering fatal injuries.
No other injuries were reported.

Related articles by Zemanta

• Injury Attroney Offers a Jet Skier Safety Reminder (zifflaw.com)
• Seneca Lake Crash Offers a Frightening Reminder of Boating Risks (zifflaw.com)

Fourth of July in the New York’s Southern Tier was filled with celebration and family fun, though several accidents resulted in needless death.  In one accident, a man was killed on Waneta Lake while riding on a jet ski.

According to WETM TV, 43-year-old Lee Brandt of Wisconsin was on a jet ski with friends Sunday.  While operating his jet ski along the east shore of Waneta Lake in a northbound direction, Brandt turned in front of a second jet ski and collided with it.  Brandt died a short time later.

This sad story presents a good opportunity to review some basic jet ski safety tips:

Learn how to operate a jet ski before climbing aboard.

Jet skis look uber-cool, and the sight of many young people riding them leads to the misconception that they are easy to drive.  However, you wouldn’t hop on a motorcycle and peel away before learning how to operate it.  Take your time, learn to drive and make the lake safe for everyone.

Wear a life jacket.

For most people this is common sense, but I still amazed to see people scream by aboard a jet ski with nothing on top but a shiny layer of tanning oil.  Life jackets are a must – there is no way around it.  Moreover, New York law requires anyone who uses jet ski to wear a life jacket, and your civil case in the event you are injured could be substantially impacted if you “forget” to wear it.

Stay away from other watercraft.

Most jet ski injuries are caused by collisions with boats or other jet skis.  To be safe, stay AT LEAST 100 feet away from other watercraft, divers, water skiers, tubers, knee-boarders, wake-boarders, rafts, and swimmers.

Never jet ski at night.

The bottom line is that open water is dangerous at night. It is nearly impossible to accurately gauge your distance from other watercraft.  Simply put, don’t jet ski at night.  Ever.

Don’t Drink and Ski.

This is another common sense point, but it is worth mentioning.  Drinking at the lake is a favorite pastime for many people.  If you plan to drink before you jet ski, make sure it is or the nonalcoholic sort.

Thanks for reading,

Christina Sonsire

NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

WETM-TV recently reported that there had been a boating accident on Seneca Lake. “Two injured in boating accident on lake” (also pasted below), covered the basic details.

The accident happened Saturday night, and police are still investigating the cause at the time I write this. A family was out in a 25-foot Bayliner – two young teenagers alseep in a forward cabin, with mom and dad operating the boat. Perhaps she was unfamiliar with the layout of the lake, or there was some other cause – but Wendy Taylor ran into the breakwall near Cargill Salt in Watkins Glen.

Both Wendy and her husband William were hurt. Luckily their 12- and 14-year-old sons were unharmed.

I recently blogged about New York’s boating laws in a post titled “Know NY’s Boating Laws Before You Take to the Water.” There are many causes of boating accidents. Boat crashes are particularly dangerous because of the size and momentum of boats. They don’t stop and turn as well as cars do, and when there’s an accident, there’s more likely to be serious injuries. A plethora of emergency services had to come to the scene to help.

“Two Injured in Boating Accident on Lake”

WATKINS GLEN – The Schuyler County Sheriff’s Office is investigating a boating accident late Saturday night that injured two people.

Deputies say 32-year-old Wendy Taylor of Church Road in Reading Center was operating a 25-foot Bayliner on Seneca Lake when she ran into the breakwall in front of Cargill Salt near the mouth of the canal at Watkins Glen.

Taylor suffered a laceration to her left eye and a shoulder injury.

Her husband William Taylor, 35, sustained facial fractures. Both were transported by ambulance to Schuyler Hospital for treatment.

The couple’s 14-year-old son and 12-year-old nephew were asleep in a forward cabin on the boat and were not injured.

The boat was extensively damaged. The Watkins Glen Fire Department, Watkins Glen Police and state police assisted at the scene.

Thanks for reading,

Adam
______________________________
Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Boating involves serious preparation and attention to precautions. As a personal injury attorney and a avid boater myself, I thought the beginning of the summer season was a good time to remind everyone of New York state’s Boating Regulations and the New York State Navigation Law.

For more details and updates about these rules, visit the Web site of the New York State Parks and Recreation department (www.nysparks.com).

Know Your Speed Limits: To use cars as a comparison, boats don’t stop as quickly or turn as sharply. That means lake boating speed limits MUST be carefully observed for your own safety and the safety of other boaters and swimmers.

I personally keep a boat on Keuka Lake. On that lake, the boating speed limit is 45 mph during daylight, 25 mph after sunset until sunrise, and only 5 mph within 200 feet of the shore, rocks, docks, rafts or moored vessels. (The exception to the 5 mph rule is when pulling up or dropping off a water skier.)

Save Yourself, Save Others: New York state law requires that sailboats less than 23 feet long, Personal Water Craft (PWC), motor boats and manually powered vessels MUST carry the following safety equipment.

A wearable Personal Flotation Device must be available for every person on the craft. In September 2009, New York expanded its PFD rules, requiring all small boat occupants to wear life jackets during the winter as well. You can read more details about this in the NY Injury Law Blog post, “New York Makes Life Jackets Mandatory November through May.”

The PFD must be appropriate for the person wearing it – children under age 12 on boats less than 26 feet long MUST wear a correctly-sized life jacket while the boat is underway.

Boats are also required to carry throw able life preservers, to haul in anyone who needs help in an emergency.

More required equipment:

One or more fire extinguishers, depending on the size of the craft.

Every craft requires Visual Distress Signals. The form and number vary depending on the time and available light as well as the size of the craft. From sunset to sunrise, boats of 16 feet and longer are required to have red flares. During daylight, orange distress flags qualify as the required Visual Distress Signals.

Boats must have an anchor.

Boats of 39 feet long and longer must have a mechanical sound warning device, such as a horn, bell or whistle. Craft less than 39 feet may get by with a whistle, horn or by mouth – just be able to give a hearty yell of warning.

White navigation lights are a must-have as well. The bow and stern of your craft are required to be marked with white lanterns or lights to warn other boats. Sailboats require additional lighting in some circumstances. It’s best to contact the proper authorities for details.

Optional Equipment it’s Good to Have:

• First Aid Kit
• Bailer
• Boat Hook
• Paddle
• Compass
• Marine Radio

Care for Your Equipment: It’s not enough just to buy the required equipment and stow it on your boat. You’ve got to make sure it works. PLEASE BE AWARE OF EXPIRATION DATES ON FLARES AND FIRE EXTINGUISHERS

Obey the Rules of the Water: Some boating-related activities are regulated with strict rules. While water-skiing, the tow-boat must contain an observer (at least 10 years old) as well as a driver. The water-skier must be wearing an approved PFD and water-skiing is only permitted during daylight. Don’t water-ski between sunset and sunrise.

PWC, such as Jet Skis, also are restricted to use only during daylight. The drivers of such craft must be at least 14 years old, and now matter how old, must have completed – successfully – a New York state-approved safe boating course. It’s like a driver’s license – the certificate has got to be in your possession if you are asked by law enforcement to produce it.

Powerboats require training too. Youth ages 10 to 17 must have successfully completed a state-certified Power Squadron or Coast Guard Safe Boating Course in order to operate a powerboat without adult supervision. Again, the certificates for course completion must be in the operator’s possession on the boat.

A Final Word – ‘Diver Down’ Flags: All boats must stay 100 feet from “diver down” flags. Do you know how to recognize these flags? There are two:

• The Alpha Flag is a blue pennant with a white stripe at the base.
• The Diver Flag is a red rectangle with a white diagonal stripe.

Steer well clear of these flags to preserve the safety of divers. The flags could well be the only evidence of their presence below the surface.

Thanks for reading and taking an interest in boating safety. Here at the Ziff Law Firm, we have successfully handled a number of Finger Lakes boating accident cases. Check our Boating Accident Landing page for brief descriptions of some of the high-profile boating injury cases we have resolved. Many of the incidents could have been avoided entirely, by simply sticking to the rules set by New York State as well as the federal government to keep boating a safe and fun summer activity.

Thank for reading,

Adam
______________________________
Adam M. Gee, Esq.
NY and PA Personal Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com