B.C. Ferries launched a civil suit in B.C. Supreme Court in Nanaimo on Friday against the German manufacturer of a control system on the Coastal Inspiration, saying equipment was partly to blame for a “hard landing” at Duke Point on Dec. 20, 2011.
The crash caused more than $4 million in damage to the dock and other infrastructure.
The suit against SAM Electronics GmbH follows an investigation by the Transportation Safety Board of Canada that concluded the crash was caused by crew failing to follow normal procedures.
On the day of the crash, the ferry’s propulsion pitch control system failed to respond when the ferry was approaching Duke Point, said the statement of claim obtained by the CBC.
The ferry struck the berth at 5.6 knots, causing injury to some passengers and crew.
“The bow propulsion pitch control system failed to respond because of the failure of an isolating amplifier in the control system,” the claim says.
B.C. Ferries blames the equipment failure on lack of shielding against electromagnetic interference.
The court document claims the electronic systems installed, engineered and tested by the defendant were “dangerous, unsafe, unfit for their intended purpose, defective, not of merchantable quality and prone to an unreasonably high risk of failure.”
B.C. Ferries is claiming damages that may exceed $4 million, covering costs including emergency response, repairs and replacement of the ferry and terminal.
The claims have not been proven in court. A statement of defence has not yet been filed.
