Navigating A Course To Justice
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 tripped over the stern line while…
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 shift where she collapsed and died.…
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 a walkway that spanned two container…
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 to several states passing laws that…
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 and failed to call 911 or…
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. The juvenile operating the boat and…
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 passenger lawsuits against cruise lines and…
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 guessed it, America. The Jones Act…
In August, a drillship was hit by Tropical Storm Ida sustaining some damage, limited flooding, and crew injuries. Nine crew members sustained “minor” injuries, but four of those crew members had to be medevaced to shore. Now, one crew member has filed a personal injury lawsuit under The Jones Act, claiming negligence on the part of his employer. According to…
The Merchant Marines Act of 1920 is the law in the U.S. Right now, there are border patrol agents scouring the coastlines for foreign-flagged ships delivering foreign parts to U.S. energy companies. The Jones Act and the Merchant Marines Act place restrictions on companies from using foreign parts in the energy industry and place strict requirements on businesses shipping in…