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Legislation Will Strengthen Laws to Improve Safety for Commercial Boat Passengers and Crews
Governor George E. Pataki today unveiled comprehensive legislation that would improve safety for commercial boat passengers and crews by strengthening the laws governing public vessel operation on the State's waterways.
The proposed bill follows legislation submitted by the Governor last Fall that requires operators of commercial boats involved in incidents -- where passenger(s) are severely injured or killed -- to undergo an immediate, mandatory chemical test to determine if an operator was under the influence of alcohol or drugs. The Governor proposed the new legislation after a fatal incident with the tour boat Ethan Allen on Lake George, when 20 passengers were killed.
"We have worked to make New York's boating laws among the strongest in the nation," Governor Pataki said. "But we must do everything we can to prevent another tragedy like the Ethan Allen from occurring. Our comprehensive legislation will take the necessary steps to further strengthen New York's boating laws and ensure that owners and operators of public vessels take all the necessary precautions to ensure the safety of both their passengers and crew."
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Wrongful death claims seek compensation for losses resulting from the family member's death
A number of situations lead to wrongful death case being filed. Medical mistakes, car accidents, criminal attacks, work-related injuries, and other accidents result in wrongful death case. Expert testimony and other requirements mean that medical mistakes tend to be the most difficult wrongful death claims to prove, requiring extensive effort on the part of attorneys.
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Definition:
Among older adults, falls are the leading cause of injury deaths (Murphy 2000) and the most common cause of nonfatal injuries and hospital admissions for trauma
General damages
Definition:
Better known as "pain and suffering" damages, which include the emotional trauma from physical injuries, pain, humiliation, etc.
Burden of proof
Definition:
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury "by a preponderance of the evidence" that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor.
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