Recent Blog Posts
Jones Act Lawsuit Shines A Light On Statute Of Limitations
A merchant marine who worked aboard vessels from 1944 to 1955 filed a lawsuit in 2017 after he developed an asbestos-related cancer. The defendants in the lawsuit filed for summary dismissal on the basis that the statute of limitations had run out. The plaintiff contended that the statute of limitations did not start ticking… Read More »
Jones Act Claims And Pre-Existing Conditions
If the shipping company/employer cannot beat your claim on the facts, then it will attempt to deflect some of the blame onto you. This is done in two ways: 1. You were partly to blame for the accident, i.e. you were not watching where you were going and that is why you tripped and… Read More »
Lawsuit Filed Against Vessel Alleges Seaman Injured While Following Order
A recent lawsuit filed against a vessel alleged that a crewman was injured after following an order from the vessel’s captain. According to the suit, the crewman and another were tasked with repairing a chafed stern line. The crewmembers removed the stern line and set the old one aside. According to the plaintiff, he… Read More »
Did The Cruise Line Lie About The Death Of A Crew Member?
The family of a South African crew member was shocked to learn that their loved one and daughter had inexplicably died of what they were told were “natural causes”. The cruise line told them that the crew member had been brought to the hospital after she was vomiting blood and then returned for her… Read More »
Stevedore Lawsuit Shines Light On Longshoreman’s Act
A lawsuit was recently filed under The Longshore Harbor’s Workers’ Compensation Act (LHWCA) alleging that a longshoreman was injured due to dangerous conditions aboard the vessel. Under the LHWCA, a shipowner/charterer has a duty of care to turn over a safe vessel to those working at harbors. In this case, the worker fell off… Read More »
COVID-19 Claims Under The Longshoremen’s Act
The COVID-19 pandemic created unprecedented turmoil across several sectors of the market. One of the major sectors to be impacted was workers’ compensation insurance. In some cases, workers’ compensation insurers were denying claims related to COVID on the basis that the worker could not prove how or where they contracted the illness. This led… Read More »
Family Of Teen Sues County, Boater After Accidental Death
The family of a boy who was killed in a boating accident has filed a wrongful death lawsuit against the owner of the boat, the county, and the State Department of Natural Resources (DNR), according to a recent claim. According to the lawsuit, the boat’s owner had been drinking the day of the accident… Read More »
Boat Crash Kills One Sparking Wrongful Death Lawsuit
A lawsuit has been filed against the operator of a pontoon after the operator was allegedly drunk at the time of operation. The driver was a juvenile operating his father’s boat at the time of the accident. A third defendant has been added to the case for allegedly striking the passenger who fell out…. Read More »
Jones Act Covid Lawsuit Leaves Liability Issues Unclear
A recent lawsuit settled in Louisiana has left liability issues unclear for maritime employers. The lawsuit was related to the death of a sea captain who fell ill with the coronavirus and died. The lawsuit was filed by the sea captain’s wife who faulted the company for negligently exposing him to the coronavirus. While… Read More »
Is The Jones Act Preventing Food From Entering American Borders?
The Jones Act is a complicated and ancient piece of legislation that was designed to protect American shipping interests. In the hundreds of years since its passing, American shipping interests have not become a world player. In fact, America doesn’t have a very large shipping industry at all. This is creating problems for, you… Read More »
