Maritime Law
Newport Crab Fisherman Presumed Dead
In the early morning hours on July 3, the U.S. Coast Guard rescued three crab fishermen when the F/V SOUND LEADER sank off the coast of Oregon. Coast Guard crews searched for a missing fourth person until about 1:15 p.m., when the search was called off “due to the impossibility of survival resulting from the…
Read MoreThree Children Die in Oyster Bay Yacht Accident
A group of family members and friends were on their way home from a fireworks display on July 4 when their 34-foot yacht, the CANDI ONE, capsized in Oyster Bay. Three children, ages 8, 11 and 12, died in the accident, and 24 other people were rescued. According to NBC 4 New York, Nassau County…
Read MoreFisherman Injures Hand While Hauling Gear
On May 2, the U.S. Coast Guard medically evacuated a 47-year-old fisherman who severely injured his hand while hauling gear on the F/V SANDY ROSE about 12 miles south of Jonesport, Maine. Watchstanders at Coast Guard Sector Northern New England received a 9-1-1 relay around 9:25 a.m. from the 41-foot fishing vessel and immediately launched…
Read MoreFisherman Suffers Facial Injury
A 46-year-old man was airlifted from a New Bedford, Mass., fishing vessel on May 21 after being hit by gear and suffering an injury to his face. The F/V OSPREY was about 98 miles east of Cape Cod when a U.S. Coast Guard helicopter crew hoisted the injured man from the vessel. He was flown to…
Read MoreNew Bedford Fisherman Injured By Parted Wire
On May 9 at 7:52 a.m., watchstanders at U.S. Coast Guard Sector Southeastern New England received word that a crewmember aboard the F/V EXPLORER had sustained a head injury from a parted wire. The Coast Guard immediately launched a 47-foot motor lifeboat to assist the injured fisherman, and he was medically evacuated two miles west…
Read MoreTugboat Capsizes in New York Harbor
On April 6, the M/V KATHERINE G. capsized as it was preparing to transport a 60-ton construction crane off Liberty Island. According to NY1 News, the crane and two crewmembers fell into the water, while four others scrambled to the top of the overturned vessel. The tugboat was assisting with interior renovations at the Statue…
Read MoreFisherman Suffers Major Electrical Shock
On June 8, the Coast Guard airlifted a 43-year-old fisherman from the F/V CAPE HORN in the Bering Sea to Dillingham, Alaska, after he suffered heart complications from a major electrical shock. According to media reports, the unidentified man was working on the 145-foot vessel’s electrical switchboard when he received a 480-volt jolt. The ship…
Read MoreBarge Capsizes, Workers Forced to Jump
Barge Capsizes, Workers Forced to Jump In April, workers with APAC Construction and a tugboat operator were performing repairs on a bridge in Smithville, Mo., when their barge and boat capsized, forcing them to jump into frigid waters. According to local media reports, the workers were in Smithville Lake for up to 15 minutes. A…
Read MoreFishing Boat Sinks Off New Jersey Shore After Six Men Rescued
On May 31, six men set out on a deep-sea fishing excursion aboard the F/V SOUTHERN COMFORT. Moments in, the vessel ran aground and began taking on water. According to The Express-Times, Captain Albert G. Stork was preparing to take the 38-foot vessel beyond Barnegat Light Inlet’s north jetty of rocks when it struck a…
Read MoreM/V WENATCHEE Crew Saves Woman’s Life
On May 26, the crew of the M/V WENATCHEE, operated by Washington State Ferries, responded to a “man overboard” situation in the frigid Puget Sound. According to an account by Mate Dan Twohig, here’s what happened. At 9:15 p.m., two teenage girls notified Mate Twohig and Captain Steve Hopkins that somebody had jumped off the…
Read MoreSunken Fishing Vessel Raised from Penn Cove Amidst Environmental Concerns
In mid-May, the F/V DEEP SEA caught fire and sank in Washington’s Penn Cove. According to local media reports, the vessel had been illegally anchored there for months. Penn Cove is known worldwide for its quality mussels and shellfish. After the 128-foot vessel sank, it began leaking an estimated two gallons of diesel fuel per…
Read MoreNegligence Can Cause a Ship to Go Down in Inclement Weather
Modern technology has allowed for shipwreck-proof designs and advance warnings about dangerous sea conditions, but human error can render such progress meaningless. In 2002, for example, the Senegalese state-run passenger ferry M/V LE JOOLA sank off the coast of Gambia during a storm, killing more than 1,800 people. Although bad weather may have directly caused…
Read MoreBad Weather and Bad Decisions Responsible for Papua New Guinea Ferry Accident
Bad Weather and Bad Decisions Responsible for Papua New Guinea Ferry Accident On Feb. 2, a Papua New Guinea ferry sank in the Vitiaz Strait. Initial reports said the M/V RABAUL QUEEN had about 350 people aboard; however, recent reports indicate the vessel may have carried as many as 400 or 500, far exceeding its…
Read MoreWhen Cruise Ships Encounter Bad Weather
People often picture cruises as being nothing but clear skies, calm waters and good times. However, cruise ships can encounter rough seas and stormy weather just like any other vessel. In 2010, for instance, a Royal Caribbean cruise ship got caught in a Mediterranean winter storm. The Brilliance of the Seas survived the hurricane-force winds…
Read MoreCosta’s Forum Selection Clause
Costa’s Forum Selection Clause The COSTA CONCORDIA disaster took the world by surprise. Not only did this tragic cruise ship accident shake many people’s confidence in cruise ship safety, it also thrust the issue of forum selection clauses into the mainstream. Like all major cruise lines, Costa Cruises has a forum selection clause in its…
Read MoreAre Cruise Ticket Forum Selection Clauses Always Enforceable?
Are Cruise Ticket Forum Selection Clauses Always Enforceable? Cruise tickets typically contain a forum selection clause, which stipulates where claims against the cruise line can be filed. For example, Carnival Cruise Lines includes in its ticket contract a section entitled “Jurisdiction, Venue, Arbitration and Time Limits for Claims.” This clause states that claims must be…
Read MoreForum Selection Clauses in Cruise Tickets
Not all cruise passengers read the fine print included with their ticket package. One clause that all passengers should know about is the forum selection clause. If you sustain an injury onboard a cruise ship, or if your loved one dies in a cruise ship accident, the forum selection clause dictates where you can file…
Read MoreCOSTA CONCORDIA Performers File $200 Million Lawsuit
COSTA CONCORDIA Performers File $200 Million Lawsuit Four Hungarian musicians and dancers who were onboard the COSTA CONCORDIA cruise ship when it capsized off the coast of Italy on Jan. 13 have filed a federal lawsuit in White Plains, N.Y., against Costa Cruises and its parent corporation Carnival Cruise Lines. The performers were part of…
Read MoreSalvage Experts Outline Plan to Raise COSTA CONCORDIA
On May 18, salvage experts revealed their plan for how to raise the wrecked COSTA CONCORDIA in one piece. Thirty-two people died in the COSTA CONCORDIA disaster, including two Americans. Since Jan. 13, when the 4,200-passenger cruise ship capsized after striking a reef, the COSTA CONCORDIA has continued to sit in environmentally sensitive waters near…
Read MorePrincess Cruises Sued for Failing to Aid Stranded Fishermen
The sole survivor of the F/V FIFTY CENTS, which remained adrift in the Pacific Ocean for 28 days, has filed a civil lawsuit against Princess Cruises over allegations that one of its ships failed to aid the three men stranded aboard the disabled boat. Although Adrian Vasquez, 18, was eventually rescued near the Galapagos Islands,…
Read MoreReporting a Recreational Boating Accident
Federal law requires that boating accidents be reported if: A person dies A person disappears from the vessel and the circumstances suggest injury or death A person has sustained an injury requiring medical treatment beyond simple first aid Property damage totals $2,000 or more (some states require reporting of lower amounts) The boat has been…
Read MoreAs ‘Click It or Ticket’ Campaign Continues for Drivers, Boaters Are Encouraged to Wear Life Jackets
As ‘Click It or Ticket’ Campaign Continues for Drivers, Boaters Are Encouraged to Wear Life Jackets Just as seatbelts can save lives in the event of a car accident, life jackets can save lives in the event of a recreational boating accident. In 2011, 758 people died in recreational boating accidents in the United States,…
Read MoreWashington Couple Assists With Boating Accident Rescue
While on their way to Jetty Island for an afternoon picnic last Monday, Brent and Sarah Schilling heard a man in the waters of Lake Stevens calling for help. They pulled the man aboard their vessel and called 9-1-1. According to media reports, he looked to be in his mid-50s and was turning blue from cold.…
Read MoreCosta Unveils New Ship, Cuts Ticket Prices
Costa Unveils New Ship, Cuts Ticket Prices Following the Jan. 13 cruise ship accident in which the COSTA CONCORDIA capsized off the coast of Italy, Costa Cruises has been trying to repair its tarnished image. Costa, part of the British-American company Carnival Cruise Lines, has not only been cutting ticket prices, it also christened a…
Read MoreNew Cruise Industry Safety Guidelines . . . Too Little, Too Late?
In the wake of the COSTA CONCORDIA tragedy, the cruise industry has been scrambling to save face. Recently, the Cruise Lines International Association (CLIA) and the European Cruise Council (ECC) announced three new safety policies, which include: Only allowing authorized individuals on the bridge when the captain is dealing with a potentially risky situation Planning…
Read MoreMinnesota Couple Killed in COSTA CONCORDIA Disaster
The death toll now stands at 32, although two bodies have yet to be recovered. Victims of the COSTA CONCORDIA tragedy hailed from around the world: Germany, France, Hungary, Italy, Peru, Spain, India and Minnesota. Three months after the ship capsized off the coast of Italy, Italian officials confirmed two of the identified bodies were…
Read MoreFall Injuries in the Maritime Industry
Working in the maritime industry involves a number of risks, including the risk of falling. Falls in the maritime industry can be caused by a number of factors, such as: Tripping hazards Slippery conditions Unsafe stairways Poorly secured scaffolding Misuse of ladders Elevator or manlift malfunction Unguarded waterside edges Open hatches that are not marked…
Read MorePreventing Falls in the Maritime Industry
In New Zealand, a cargo-handler was recently injured at the Port of Lyttelton when he fell while working on a vessel. In the United Kingdom, Pendennis Shipyard Ltd. was recently fined thousands of pounds after an apprentice fell approximately two meters from improperly secured scaffolding and injured his knees. And just last month, a man…
Read MoreNumerous Laws Protect Injured Maritime Workers
On May 2, the U.S. Coast Guard medically evacuated a fisherman who had severely injured his hand while hauling gear as he worked on board the F/V SANDY ROSE. He was transported to Bangor Eastern Maine Medical Center. Fishermen and other maritime workers routinely risk injuries to their hands, feet and other body parts. They…
Read MoreNTSB Recommends Propulsion Failure Alarms Following Investigation of 2010 Staten Island Ferry Accident
On May 8, 2010, the ANDREW J. BARBERI passenger ferry struck the St. George terminal in Staten Island, N.Y. There were 266 people aboard the 310-foot vessel when it experienced propulsion control problems and crashed. Reportedly, crewmembers were unaware of the issue until seconds before the accident. Three people were seriously injured and 40 others…
Read MoreCOSTA CONCORDIA Wreckage to Be Removed in One Piece
COSTA CONCORDIA Wreckage to Be Removed in One Piece Beginning sometime early this month, U.S.-owned Titan Salvage will start the process of removing the capsized COSTA CONCORDIA cruise ship from where it sits near the Italian island of Giglio. The salvage plan includes removing the ship in one piece and towing it to an Italian…
Read MoreCOSTA CONCORDIA Tragedy Prompts Cruise Industry to Adopt New Safety Policies
COSTA CONCORDIA Tragedy Prompts Cruise Industry to Adopt New Safety Policies On Jan. 13, the COSTA CONCORDIA capsized off the coast of Italy after striking a reef, claiming the lives of 32 people, including an elderly couple from Minnesota. In the wake of this tragic cruise ship accident, the cruise industry has been reviewing its…
Read MoreCoast Guard Calls of Search for Missing Tugboat Captain Brendan O’Leary
Coast Guard Calls of Search for Missing Tugboat Captain Brendan O’Leary The U.S. Coast Guard suspended its search for a missing tugboat captain Thursday evening. The captain, Brendan O’Leary, is believed to have fallen from his ship into the water about nine miles off the coast of Newport, Rhode Island. Officials had been searching the…
Read MoreCruise Ship Ignores Fishing Vessel In Distress
As cruise ship safety continues to be at the forefront of people’s minds following the tragic COSTA CONCORDIA disaster, now Princess Cruises finds itself at the heart of controversy over accusations that one of its ships ignored a fishing vessel in distress. The cruise ship STAR PRINCESS sailed near the stranded fishing vessel THE FIFTY…
Read MoreCLIA Takes Steps to Improve Cruise Ship Safety
CLIA Takes Steps to Improve Cruise Ship Safety In the wake of the recent COSTA CONCORDIA disaster, which claimed the lives of 32 people, including an elderly couple from White Bear Lake, Minn., the Cruise Lines International Association (CLIA) is taking steps to improve cruise ship safety and prevent future maritime accidents. One change the…
Read MoreTracking Cruise Ship Safety Is a Difficult Task
A century after the RMS TITANIC sank and claimed the lives of more than 1,500 people, the cruise industry now boasts its ships are one of the safest means of transportation in the world. According to Carl Bialik, however, a Yale University graduate who writes for The Wall Street Journal as “The Numbers Guy,” the…
Read MoreWhat To Do If You Are Sexually Assaulted on a Cruise Ship
Many cruise ship passengers feel a false sense of community while onboard the ship. In reality, they are far from home and surrounded by strangers, having to rely on the cruise line and its security personnel to keep them safe. Each year, hundreds of cruise ship passengers fall victim to sexual assaults and other crimes.…
Read MoreAvoiding Cruise Ship Sexual Assaults: Tips for How to Stay Safe
Avoiding Cruise Ship Sexual Assaults: Tips for How to Stay Safe According to a 2009 article by CNN, the FBI identified sexual and physical assaults as the leading crimes committed onboard cruise ships in recent years. It is extremely important for cruise lines to provide adequate security and take all reasonable steps to keep passengers…
Read MoreThe Dark Side of Cruises: Sexual Assaults
Cruises are supposed to be fun, carefree getaways, but there is a dark side to the cruise industry. According to a recent article in The Seattle Times, during the one-year period from Oct. 1, 2007, to Sept. 30, 2008, the FBI received 421 reports of crimes onboard cruise ships, which included 154 sex-related incidents. Moreover,…
Read MoreCompensation for Injured Dockworkers
Compensation for Injured Dockworkers Working on a dock carries with it certain risks. Dockworkers can be seriously injured or killed in falls or by falling objects, and they risk having their hands and feet crushed between the dock and vessels. They also routinely handle hazardous materials and work with heavy machinery that can cause serious…
Read MoreWorkers’ Comp in the Maritime Industry
In the non-maritime world, employees who sustain on-the-job injuries or develop occupational illnesses are typically eligible to apply for state workers’ compensation. In the maritime industry, however, that is not always the case. Seamen, i.e., men and women who work on maritime vessels and whose duties contribute to the function of the vessel or the…
Read MoreMaintenance and Cure Compensation for Injured and Ill Seamen
When a seaman becomes sick or injured on the job, his or her employer is required to provide maintenance and cure compensation. The responsibility for ship owners to provide care to sick and injured seamen dates back to the early 1800s. Although maintenance and cure compensation is not a new development in maritime law, maritime…
Read MoreU.S. Coast Guard Investigating Tugboat Fire
Around 2 a.m. on Tuesday, Mar. 27, a U.S.-flagged tugboat known as the PATRICE MCALLISTER caught fire in Canadian waters on Lake Ontario with six people aboard. Both the U.S. Coast Guard and the Canadian Coast Guard responded to the tugboat fire. A Canadian helicopter transported the vessel’s chief engineer to a hospital in Belleville,…
Read MoreCrews Finish Removing Fuel from the Shipwrecked COSTA CONCORDIA
Italian authorities recently announced that efforts to remove fuel from the shipwrecked COSTA CONCORDIA concluded on March 24. Reportedly, crews drained more than 2,000 tons of fuel and sewage from the capsized ship. There have been no reports of significant pollution at the wreckage site or in the pristine waters surrounding it. Even though fuel…
Read MoreFive More Bodies Recovered from COSTA CONCORDIA Wreckage
Last week — more than two months after the COSTA CONCORDIA struck a reef and capsized off the coast of Italy — efforts to recover the bodies of all who were killed in this tragic cruise ship accident continued. On March 22, divers found three bodies situated between the ship’s hull and the seabed, finding…
Read MoreTwo Men Rescued from Sinking Fishing Vessel
In February, the U.S. Coast Guard assisted in rescuing two men from a fishing vessel that was taking on water. The incident occurred about nine miles east of Kennebunkport, Maine. An 81-foot fishing vessel, known as the PLAN B, began taking on more water than its pumps could handle. The two men on board notified…
Read MoreTwo Fishermen Learn Why Boating and Fatigue Don’t Mix
For two men, an April salmon-fishing trip off the coast of California turned into a nightmare when their vessel ran aground. Luckily, both men survived the fishing accident, and their story now serves as a reminder about the dangers of boating while fatigued. A skipper and his lone crewman set out in a 58-year-old, wooden…
Read MoreThree More Bodies Found in COSTA CONCORDIA Wreckage
Divers located three more bodies in the COSTA CONCORDIA wreckage last Thursday, bringing the total body count to 28. Four people still remain missing and are presumed dead. Details about the victims’ genders and ages were not immediately released. According to media reports, the bodies were seen between the hull and the seabed. As of…
Read MoreDOHSA Applies to Certain Airplane and Helicopter Crashes
The Death on the High Seas Act (DOHSA) made headlines following the Deepwater Horizon explosion, as people became concerned that BP would get away with paying only minimal damages to the family members of the 11 rig workers who died in that tragic offshore accident. One thing about DOHSA that many people may not know…
Read MoreWhy the BP Oil Spill Thrust DOHSA into the Spotlight
The BP Deepwater Horizon explosion occurred more than three nautical miles from the U.S. shoreline, making the Death on the High Seas Act (DOHSA) applicable to wrongful death claims filed by family members of the 11 rig workers who died in this tragic offshore accident. Sadly, because this maritime law is outdated, it can drastically…
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