DUKW Lawsuit

[hndrsonj]

So I see on CNN, there is now a lawsuit from the two deaths this summer on the DUKW that was hit by a barge. Apparently they are considered unsafe now. I would think the suit would be against the barge not a floating (broken) DUKW. My thoughts are to the families, but you would think 2 fatalities in over 50 years is pretty darn good.

 

[srodocker]

horriable news...

 

[jasonjc]

It's a lot more than 2 fatalities. There was one in Hot Springs,AR a few years back that sank with passengers on it.

 

[bratpackdad]

Tragic that people died on a tour. However, the DUKW tour operators are responsible for the passngers safety. The barge operator is also responsible but to a lessor extent as stopping a loaded barge is not easy.

 

[Coal Cracker]

To further add , the DUKW's operator/captain had radio transmissions with everyone in the area at that time, warning them he was dead in the water, all of the other vessils we're trying to contact the tug/barge, and he did not acknowledge any radio traffic.

 

[bratpackdad]

OIC..didn't know that.

 

[lstmate]

My understanding was that no one was in the bridge to hear the radio, it was on auto pilot. The report that I heard was that the barge was totally at fault.

 

[KsM715]

It doesnt matter whos at fault some a-hole ambulance chaser has convinced the families it must be someones fault and Im betting they think the tour company has insurance.

 

[gimpyrobb]

Yup, welcome to America today. Witch hunt!

 

[Flyingvan911]

Just like the lawyers on tv. "No matter if it's your fault. We'll sue the innocent person and get you the money you don't deserve." What if it was a regular tour boat that was hit by the barge? Would they turn against all tour boats?

Here lies

Common Sense.

Died: Long Ago

 

[gunboy1656]

Well it is my understanding that the ducky tour boats are NOT the military version but a very updated copy. so normally it would/should have no effect on the military versions, does that mean they would not go after them as well. Of course they will. That's the life of an ambulance chaser.

Now, when I went through my Coast Guard course for boating, they have specific right of way lists. and dead crafts has right away over everything. The fact that there was nobody (or no response) on the barge, bring up a whole new set of worms they need to address first. Will they do that, probably not.

 

[USAFSS-ColdWarrior]

Slightly off topic.....

Q:
What do you call a bus-load of lawyers on the bottom of the ocean

A:
A good start




Legal Disclaimer:
No personal offense intended toward any SS Members of the Legal Profession... unless you're a scoundrel, too

 

[Stan Leschert]

I was a ground pounder, but in my stint as a charter boat Captain, the International Rules of Right of Way dictated that a vessel which was "Not Under Command", ie: disabled, ALWAYS had right of way, and all other vessels of any class had the duty to avoid the obstacle.

Let them try to sue the DUKW lookalike, but the real target will be the barge, owners and skipper. As it should be! Failure to maintain an adquate watch is still derreliction of duty, in this case a criminal act, causing death. Let's see the weasel out of that one!

 

[waayfast]

Unfortunately this business as usual in the good ole USA.Who is at fault or what is common sense is totally a non-issue.


The strategy with the lawyers seems to be, is to find an event,hopefully that makes big headlines so the general uninformed public sides with you.Then"carpet-bomb" all the parties in the immediate area that may or may not be involved.(Carpet-bomb= sue anything that moves and let God (opps-the judge) sort 'em out)

Certainly we can make tons of money--.If they fight it ,we will make tons of money(atty fees) if they settle--tons of money-(atty fees AND % of settlement)and if they fight it and LOSE --tons of money(atty fees AND % of LARGER settlement.) Did I remember to say tons of money?

The problem for us is that we are (Our hobby in this case) collateral casualties--Once the precedent has been set-"WWII Amphib duck thingy kills people"(must be true -they lost their lawsuit didn't they!)----we better outlaw these sumbishes and I mean quick!We the public deserve better than to be exposed to this kind of horrific danger!-------

The "Event" is nothing more than "RAW material" to the law firms, I.E. is this something that we can really make something out of? Will is be a slam-dunk in the court of popular opinion?
This is, in much the same way as a sawmill looking at a raw log."Can we make good easy money out of this one?"Has not much to do with right or wrong -common sense just gets in the way----

Years ago when product liabilty(and any other conceived liabilty) just about destroyed General Aviation is this country, I remember a story about a nut case that got drunk,stole an airplane(PA-18 Super cub IIRC).Folks on the airport tried to stop him by parking a pickup in his way to stop his taking off.The pickup won, the perp lost.
EVERYBODY got sued! I think even Chevrolet got sued,the grass got sued. the blue sky got sued LOL! (that carpet- bombing thing-----)

Piper got sued-their venders (parts suppliers) got sued.Even a supplier of magnetos got sued because they had in the past supplied magnetos for PA-18's (made NO difference THIS PA-18 did NOT have THAT brand of magneto-they still got sued and LOST!!!)

Aviation is an easy target-Heck everybody knows that airplanes are spendy toys so the people involved gots lotsa dough-deep pockets! so SIC- EM Perry!!
IIRC they article stated that fully 1/3 of the cost of a new American Airplane was wrapped up in product liabilty because of crap like this.
Boats and boating seem to be a close second and now "hey-- what about these old military vehicles--------
Jim


And just think--lots of our politicians are attys!