AT LAST! I’d been looking…
…for the lost liner notes to my unsanctioned and bootlegged Captain Beefheart Bat Chain Puller album since '78!
I believe I’ve found them.
Although, disappointingly, they do seem to have gone through the rinse cycle of a ferry boat’s backwash, and “81 Poop Hatch” appears deeper than ever.
good timing
for a ban on kayaking in the ferry area ?
The legislature is either off to the beach or in the slammer.
The vote yah seemingly overwhelms a nah vote.
condition of
injured instructor is? Anyone hear anything? Thanks
found it on FB
Kayakers, SUP’ers, and paddlers! All is well here in NYC and we thank you for your concerns. By now, many of you have seen notice of an incident reported in news feeds of a NY Waterways ferry running into a group of kayakers on one of our guided excursions. In almost two decades of guiding trips here in the local NY waters, this is the FIRST major incident we have ever had, and we are very thankful that there were no fatalities.
The incident is being investigated at this time, and this is just to update you that of the eleven kayakers on the water, four were injured and we are grateful to the speedy assistance of the US Coast Guard, the NYPD, and the Hudson River Park for getting the injured to local hospitals.
One kayaker has already been released, and the others are doing well.The rest of the group were okay and safely escorted back to land.
All participating kayakers were properly outfitted with safety gear and fully briefed on safety protocols. The group was led by one of our senior instructors who is ACA certified in both SUP and Kayak disciplines, as well as being a veteran guide who learned to paddle on the local waters here in NYC. Our guide was also seriously injured, and we are extremely relieved to hear that he is in good spirits.
Again, we thank you for your ongoing support in light of this incident, and we look forward to seeing you out on the water very soon!
- The Team at MKC.
Right of way…
…and racing rules can be different if not racing, under power right of way rules also change.
Not only can both parties get slapped but I’ve seen witnesses to the incident get disqualified when the whole scenario plays out… TRUE justice.
The worst thing is getting tapped to serve on a protest committee.
The Follow up Report:
http://maritime-executive.com/article/coast-guard-releases-report-on-new-york-kayak-collision
@Medawgone said:
The Follow up Report:
http://maritime-executive.com/article/coast-guard-releases-report-on-new-york-kayak-collision
Thanks. I trust that Jay Cartagena, the guide who was injured, has made a full recovery?
My take on this is you are the one responsible for your safety. Around big ships and boats I go above and beyond to avoid being in their way. I have paddled Charleston harbor, and that is the #1 rule I paddle by. I hope everyone recovers well from this.
Note the USCG faulted both parties in this case. What does it matter who’s fault if you are the one to be permanently injured or killed or loose your livelihood. You still are injured permanently, or deceased, or out of a job. Now that doesn’t mean you shouldn’t know the the rules or the realities of on water traffic, and reviewing these types of incidents is very helpful in that understanding. Ultimately who wants to be right…dead right.
@castoff said:
My take on this is you are the one responsible for your safety. Around big ships and boats I go above and beyond to avoid being in their way. I have paddled Charleston harbor, and that is the #1 rule I paddle by. I hope everyone recovers well from this.Note the USCG faulted both parties in this case. What does it matter who’s fault if you are the one to be permanently injured or killed or loose your livelihood. You still are injured permanently, or deceased, or out of a job. Now that doesn’t mean you shouldn’t know the the rules or the realities of on water traffic, and reviewing these types of incidents is very helpful in that understanding. Ultimately who wants to be right…dead right.
Matter when you go to collect a settlement.
Personally Captain is the professional in my opinion so mostly his BAD!
The kayak guide is not? Really? You need to learn the Rules of the Road before paddling… Do not assume that ignorance will absolve you.
I think the report’s conclusion of the captain and the guide sharing the blame is correct. After all wasn’t the guide also a “professional”. As an employee of Manhattan Kayak I don’t think he was working for free.
My wife and I have paddled in New York Harbour but well south of where that accident happened. In fact we were out there about 2 weeks before accident. There is a lot less boat traffic down past Liberty Island and even in the lower harbour but you still need eyes in the back of your head what with ferries, water taxis, and speed boats and jet skis coming out of the Jersey City marinas.
It’s an interesting paddle with some great views though.
@
Matter when you go to collect a settlement.
Personally Captain is the professional in my opinion so mostly his BAD!
My point is living with the aftermath. A settlement doesn’t bring you back. Sure assigning fault and the resulting legal mess that follows may help, but I would rather avoid it all to begin with. Situational awareness is each individuals responsablity. That’s my point.
@kayamedic said:
The kayak guide is not? Really? You need to learn the Rules of the Road before paddling… Do not assume that ignorance will absolve you.
Who said that? Let me know.
As for rules of the road I have been boating since 1966.
The ferry’s captain told the USCG that **_he did not see the group of kayakers due to glare, and the Coast Guard concluded that he bore a share of the blame: “The vessel captain did not maintain a safe speed or a lookout once the sun glare existed and was . . . at fault in the incident,” _**the final report found. In addition, the Coast Guard said that the _Manhattan Kayak Company (MKC) was at fault for “not taking action early in the trip to avoid collision” and for failing to notify ferry operators that they would be running a tour in the area. _
So I see the report blaming the Captain & MK Company and nothing really about the guide.
@castoff said:
@
Matter when you go to collect a settlement.
Personally Captain is the professional in my opinion so mostly his BAD!
My point is living with the aftermath. A settlement doesn’t bring you back. Sure assigning fault and the resulting legal mess that follows may help, but I would rather avoid it all to begin with. Situational awareness is each individuals responsablity. That’s my point.
The Captain of the ferry will bear more responsibility. It takes a lot more knowledge to become a Captain on a ferry than a guide for kayakers. So when they end up settling I would bet the ferry company will pay the brunt of the settlement. I also know that just because a car hits me walking down the sidewalk he will pay, I’ll still try to get out of the way.
To be a Registered Maine Sea Kayak Guide you have to know the rules of the road for seagoing vessels. No doubt a commercial captain has to know more… but that does not absolve the guide for not steering clear. What I don’t know is the circumstances… did the Guide have an errant client that needed to be gotten out of there? There is a lot more to the story.
I posted not to be right but to make people aware that when they kayak in Maine or in other ocean areas they cannot be held harmless as they may think… Kayakers getting in the way of commercial traffic is sometimes a problem and really do we want more rules… like Do Not Kayak Here ?
Sure deep pockets are more attractive.
I read what the CG wrote. Court will decide who pays and what amounts Guide will pay zero if an employee. Sure no one wants to go down in the prop wash knowing their right if sane.
@Gs96c599@aol.com said:
I read what the CG wrote. Court will decide who pays and what amounts Guide will pay zero if an employee. Sure no one wants to go down in the prop wash knowing their right if sane.
Do you know for a fact that lawsuits were filed? The Coast Guard report mentioned nothing about litigation.
@Rookie said:
Do you know for a fact that lawsuits were filed? The Coast Guard report mentioned nothing about litigation.
Well maybe not yet but this is Noo Yawk and the lawyers will be coming out of the woodwork.
@Rookie said:
@Gs96c599@aol.com said:
I read what the CG wrote. Court will decide who pays and what amounts Guide will pay zero if an employee. Sure no one wants to go down in the prop wash knowing their right if sane.Do you know for a fact that lawsuits were filed? The Coast Guard report mentioned nothing about litigation.
You’re kidding right? The guides bone was protruding from his arm and you think there will be no lawsuit after reading that GC report? So tell me of another case in any state where a injury that serious and similar happen. Then with a report from a gov. agency like this and the injured said " Don’t worry it’s all on me and my dime" . I won’t hold my breathe LOL. I live in reality not the State of Confusion or Denial.
@Gs96c599@aol.com said:
@Rookie said:
@Gs96c599@aol.com said:
I read what the CG wrote. Court will decide who pays and what amounts Guide will pay zero if an employee. Sure no one wants to go down in the prop wash knowing their right if sane.Do you know for a fact that lawsuits were filed? The Coast Guard report mentioned nothing about litigation.
You’re kidding right? The guides bone was protruding from his arm and you think there will be no lawsuit after reading that GC report? So tell me of another case in any state where a injury that serious and similar happen. Then with a report from a gov. agency like this and the injured said " Don’t worry it’s all on me and my dime" . I won’t hold my breathe LOL. I live in reality not the State of Confusion or Denial.
No, I wasn’t kidding at all. The USCG report stated there were two injuries. One was the senior guide and operations manager of MKC, who reportedly had the most severe injuries. He’s still listed as senior guide/operations manager at the MKC website, but I don’t live in Manhattan and have no idea if he is actually back to work. I hope he’s made a full recovery, as well as the other injured individual.
Both companies probably have good liability policies and it’s not unreasonable that settlements were offered or are being negotiated. It may be that the injured have retained counsel who are negotiating on their behalf. Certainly their medical expenses are being paid. Litigation is very expensive and takes a long time, longer in a court with a very busy docket. Over 90 percent of such cases are settled out of court. Lawsuits are generally filed only when all negotiations have broken down. Since the official report was just released, your statement about the court deciding who pays what is mere speculation.
BTW, I do live in reality. We have a sign in our office that states “Agree, for the law is costly.” Sage advice.