Jones Act Vessel’ Category
Coast Guard Issues Safety Alert about Need to Change Oil Filters
Saturday, July 31st, 2010
In May this year, a Staten Island ferry boat crashed into a passenger terminal. More than 40 passengers on the boat were seriously injured. The US Coast Guard has issued a safety alert related to findings from the investigation into the accident.
According to the Coast Guard, investigations have revealed that the oil filters had not been changed. The vessel in that Staten Island ferry accident, the Andrew J. Barbieri, was being maintained and updated by civil engineers, not just those on the boat, but also on shore. However in spite of all these personnel in charge of...
Sen. John McCain Introduces Legislation to Repeal the Jones Act
Friday, July 9th, 2010
The Jones Act has been a hot topic of discussion since the oil spill in the Gulf of Mexico was discovered. The movement to restrict application of the Jones Act has begun in earnest. The Jones Act requires that all goods shipped between domestic ports in the US, be shipped in vessels that are manufactured in the US, owned by US citizens and manned by US crews.
In the days since the spill was discovered, lawmakers have appealed to Pres. Barack Obama to waive off the provisions of the Jones Act to allow foreign-flagged vessels to help with the oil...
Smith versus Weeks Marine: Maritime Lawyer Discusses Court Decision on Question of Unseaworthiness in Assault
Wednesday, June 16th, 2010
A Louisiana appellate court has upheld a trial court's earlier decision in favor of a seaman who was injured in an assault by two crew members.
In June of 2005, seaman Clarence Smith was woken up from his sleep by two crewmembers, who then proceeded to drag him out, and beat him up. He suffered a head injury, several lacerations, a retinal tear, hemorrhage in the left eye, and multiple abrasions. He also suffered several broken teeth, a temporomandibular joint injury, as well as shoulder and lower back injuries. As a result of the incident, Smith developed post-dramatic stress disorder,...
LECO V. MARTIN OPERATING PARTNERSHIP, L.P. ET AL: Seaman’s Claim Dismissed After He Signs off Rights
Sunday, June 6th, 2010
To an injured worker, the pressure to quickly settle with his employer can be enormous. Unfortunately, such pressure often results in the worker signing away his rights to a claim in the future.
Anthony Leco Jr. worked for Martin Marine as a seaman. He injured his arm and lower back after an accident on a vessel. The company paid for his treatment, and then got him to agree to a settlement of $10,000 to close his claim. Leco took up the offer, and signed the settlement papers. Later, he filed a Jones Act claim of negligence against Martin Marine.
The company...
Injuries during Travel to Vessel Constitute Injuries in Service of Vessel: Maritime Lawyer Analyzes Godbold vs. Maersk line
Saturday, April 17th, 2010
This post is part of my series on important rulings in judicial decisions over the past 12 months that have impacted maritime law.
In Godbold vs. Maersk Line, the court had to decide if injury suffered in the course of travel to a vessel could be taken as having occurred in the service of vessel. Here, the plaintiff Godbold was injured in a motorcycle accident, as he was on his way to his job as a security guard on a military supply ship moored in Louisiana.
On the day of the accident, Godbold was making his daily commute to the vessel,...
Punitive Damages Are Now Available to a Jones Act Seaman in Maintenance and Cure Claims
Monday, April 12th, 2010
Arguably the biggest maritime court decision of last year was the one delivered in Atlantic Sounding vs. Townsend. This decision found that there was no reason to deny punitive damages to a Jones Act seaman, who had been denied maintenance and cure benefits.
The Supreme Court ruled that a seaman may be eligible for punitive damages when his employer wrongfully withholds maintenance and cure payments. The Supreme Court held that its earlier decision in Miles vs. Apex, could not be interpreted to mean that a Seaman was not eligible for punitive damages if maintenance and care...
Coast Guard, NTSB Continue Hearings into Port Arthur Tanker Collision
Wednesday, March 24th, 2010
The National Transportation Safety Board and the US Coast Guard are continuing hearings into the tanker-tugboat accident off Port Arthur that resulted in a massive oil-h in January this year.
Just into the second day of the hearing and we are already getting some clues into the causes of the accident. The hearings included testimony by both the captain of the tanker as well as the tugboat. According to the tanker captain, he was unable to bring the tanker under control because of strong winds and high tides. Despite his best efforts, Capt. Charles Bancroft could not get the tanker...
Seamen Killed from Possible Food Poisoning
Tuesday, March 23rd, 2010
Three crewmembers of a Greek-flagged tanker have been confirmed dead from possible food poisoning.
The tanker Arionas was on its way from Cyprus to Rotterdam, carrying more than 27,000 tons of fuel. The vessel's manager Capital Ship Management has not confirmed any details about the deaths. However, some news reports in Europe have suggested that food poisoning was the cause of death of the crewmembers.
The deaths apparently occurred in the English Channel while the vessel was on its way to Rotterdam. French maritime authorities have confirmed that they will be treating the deaths as related to food...
Cruise Ship Crews Injured from Carbon Monoxide Poisoning
Tuesday, March 9th, 2010
The negligence with which many cruise line operators treat their staff was apparent on a Celebrity cruise ship last month. At least seven of the crew members on the Celebrity Mercury cruise were injured by carbon monoxide poisoning.
The cruise ship had been docked at Baltimore when the crew members were exposed to the toxic fumes. All seven of them had to be treated at a local hospital for their symptoms. One of them suffered severe chest pains, while others suffered respiratory difficulties. There is speculation that the carbon monoxide fumes emanated as a result of some welding activities...
Preventing Maritime Accidents in Sabine Neches Waterway can be Tricky
Tuesday, February 23rd, 2010
Things are back to normal along the Sabine Neches Waterway more than a week after a maritime collision between a tanker and a barge resulted in a major oil spillage, and shut down the channel for several days. The accident which occurred on the 23rd of January in the 400-foot channel caused severe damage to the tanker, but fortunately, there were no maritime injuries. The local economy however, suffered financial losses as the waterway was blocked for at least four days.
The incident has brought into focus the serious risks involved in navigating vessels through the narrow channel. The Sabine...
