unseaworthiness’
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,...
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...
When Can I Bring a Claim of Unseaworthiness Against a Vessel?
Tuesday, January 19th, 2010
A maritime claim of unseaworthiness is different from a Jones Act claim of negligence. This may be filed along with your Jones Act claim, but offers an entirely separate source for damages recovery.
Unseaworthiness refers to dangerous conditions on a vessel. Employers are required to provide safe living, working and recreational conditions on a vessel, and failure to provide these, can render a vessel owner liable in an unseaworthiness claim. It’s important to note that a seaworthy vessel does not have to be a brand new vessel.
A vessel may be unseaworthy if any of the following conditions are present.
- Defective...
Houston Federal Court Jury Renders 1.2 Million Dollar Verdict In Jones Act case
Friday, March 9th, 2007
Last week, a Houston Federal District Court jury returned a 1.2 million dollar verdict against New York based Penn Maritime in a Jones Act injury case.
The Jones Act seaman was injured while working on a Penn Maritime barge. While cleaning the bulkhead, he slipped on a defective stool and injured his back and neck. He brought claims for maintenance and cure, negligence, and unseaworthiness against Penn Maritime.
Penn Maritime denied all the allegations, refused to pay maintenance and cure, and claimed that the injured Jones Act seaman essentially made up the incident, even though he reported it...
The Jones Act seaman was injured while working on a Penn Maritime barge. While cleaning the bulkhead, he slipped on a defective stool and injured his back and neck. He brought claims for maintenance and cure, negligence, and unseaworthiness against Penn Maritime.
Penn Maritime denied all the allegations, refused to pay maintenance and cure, and claimed that the injured Jones Act seaman essentially made up the incident, even though he reported it...
The Jones Act – Some “Secrets” Your Employer May Not Want You To Know If You Are Injured Offshore
Wednesday, February 28th, 2007
If you are injured offshore and qualify as a Jones Act seaman (you can read more about the Jones Act and Jones Act seaman status in other entries on this website), some employers will treat you honestly and fairly, provide independent medical advice and care, ensure that you recover from your injuries before requiring you to come back to work, and provide you and your family with appropriate payments while you recover from your injuries.
However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply...
However, sometimes Jones Act employers will try to "trick" you into believing things about your case and your situation that simply...
New Unseaworthiness Decision
Thursday, February 8th, 2007
A district court recently found that a winch attached to a dock is not part of a ship such that a defect in the winch could be considered a part of the ship for unseaworthiness purposes.
The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.
This decision makes sense. The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel. It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.
Read More »
The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.
This decision makes sense. The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel. It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.
Recent Jones Act Case Upholds $1,585,000.00 Verdict
Wednesday, February 7th, 2007
The San Antonio Court of Appeals recently issued a unanimous opinion affirming a $1,585,000.00 jury verdict in a Jones Act case. The opinion is styled Weeks Marine, Inc. v. Salinas.
Salinas worked for Weeks Marine, a dredging company, as a mate. He worked on the M/V BTD II, a dredge boat. While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back. He was hurt while lifting two 45 pound batteries. He was required to carry these batteries from the yard across two gangways. He was hurt as he stepped from one of the gangways.Read More »
Salinas worked for Weeks Marine, a dredging company, as a mate. He worked on the M/V BTD II, a dredge boat. While the dredge was in a repair facility in Houma, Louisiana, Salinas injured his back. He was hurt while lifting two 45 pound batteries. He was required to carry these batteries from the yard across two gangways. He was hurt as he stepped from one of the gangways.
