New York City is bracing itself for tens of millions of dollars worth of lawsuits, as a court holds that the city was negligent in the case of the ferry crash that killed 11 people in 2003.

The city had tried to limit its liability in the accident to around $14 million, but that hope has been dashed by the ruling of the 2nd US Circuit Court of Appeals.

The ferry crash occurred in October 2003 in New York Harbor. Pilot Richard Smith was the only pilot at the helm of the ferry that had about 1500 passengers on board. He was on medication for blood pressure and had consumed painkillers. Before long, Smith blacked out at the controls. The ferry lost control and smashed into a pier. Eleven people were killed and many more injured.

In the days following the horrific crash, the city tried to play down its part in the accident. Smith was the lone pilot at the controls and regulations require there be two pilots at the helm. The city argued that it was normal practice in the ferry industry to allow a single pilot to work on his own. In this case, the former director of the NYC Ferry, Patrick Ryan, admitted his part in the accident, and admitted that he failed to enforce the regulation mandating two pilots. He was sentenced to a year and one day in jail. The pilot, Richard Smith, was jailed for 18 months for manslaughter. His role in the disaster was found to be smaller in comparison to that of upper management.

The ruling should come as good news for the many injured in the crash, many of whom suffered amputations. When the ferry crashed into the pier, it smashed though the ship cutting, injuring many of the passengers. A total of 189 personal injury lawsuits have been filed, and of these the city has settled all but 59 of the suits.

As the court said in this ruling, it would have been a small burden on the city to ensure that the regulations mandating two pilots at the wheel were enforced. At the very least, the city should have had another person on hand to render emergency assistance in case the pilot became incapacitated at the wheel. Blaming Richard Smith for being at the wheel on medication is right, but greater responsibility lies with the authorities that allowed him to be alone on that ferry in the first place.

Saying something has been done many times before – in this case – a single pilot being allowed to steer the ferry – and is therefore harmless is a ridiculous argument. Regulations exist for a reason, and as the court, said it was the responsibility of the city to protect ferry passengers.

How difficult could it have been to make some effort to enforce its own legislation? Negligence by the city is plain to see in this incident.