Jones Act Maritime Lawyer : Houston Jones Act & Maritime Injury Lawyer & Attorney : Arnold & Itkin Law Firm : Offshore Injury, Maritime Law : Texas, Louisiana, Alabama, Mississippi, Florida

Yesterday afternoon, the U.S. Coast Guard dispatched a utility boat from Station Crisfield in Maryland to rescue the Helen Virginia, a 45-foot commercial fishing vessel that was sinking. Fortunately for the crew of the fishing vessel, there was a good Samaritan nearby who was able to radio in the mayday, and the Coast Guard boat was already underway, so they arrived at the accident scene within two minutes of the call.

According to the Coast Guard report, the Helen Virginia was taking on water after it hit a oyster dredge they were using.

Considering what could have happened, thanks to the Coast Guard this incident had a happy ending. The crew was safely transferred from the fishing vessel, and the rescue crew was able to pump out more than 3,000 gallons of water to refloat the vessel and effect a temporary repair, so that Helen Virginia could be towed safely back to Scott’s Cove Marina in Chance, Md.

Negligence, Unseaworthiness and Crew Safety

Examining this incident from a maritime lawyer’s perspective raises several red flags concerning crew safety.

First, why did the vessel come into contact with the oyster dredge? If a maritime injury had occurred and a crewmember decided to file a Jones Act claim, the likely culprits would either be negligence on the part of the vessel’s skipper for hitting the dredge or negligence on the part of the dredge operator for allowing it to hit the vessel. If there was a failure in the dredge equipment that caused it to contact the Helen Virginia, that would be probably be considered faulty design or unsafe equipment – both of which are grounds for a claim under the Unseaworthiness Doctrine.

The second question would be how did contact with the dredge result in holing the fishing vessel? If contact with a dredge is even a possibility, shouldn’t the vessel be built strong enough to withstand that impact? Again, the vessel would likely be deemed unseaworthy in a court of law if a dredge was used and the vessel was not built well enough to withstand an impact from the dredge.

Lastly, the fact that Helen Virginia had to rely on a good Samaritan to call in the rescue, calls into question the fishing vessel’s communication equipment. If the vessel was operating beyond the range of its radio, the vessel might be considered unseaworthy because it was operating beyond its capabilities. If there was no redundant communications equipment, like a handheld radio in case of power loss or destruction of the primary radio, the vessel might also be deemed unseaworthy on those grounds.

Maritime laws like the Jones Act and the Unseaworthiness Doctrine can be complex. If a maritime injury occurs, it’s crucial for the victim or their family to contact a maritime or Jones Act lawyer as soon as possible, because using a lawyer unfamiliar with maritime law can result in reduced or lost benefits. To discuss a case with an experienced maritime lawyer, please fill out the FREE Case Review form on this page or call the maritime law office of Arnold & Itkin toll free at 866-222-2606

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The state port in Morehead City, N.C. was closed and evacuated yesterday when, according to reports, a forklift operator punctured at least one container of the high explosive known as PETN. PETN (pentaerythritol tetranitrate) is one of the most powerful high explosives known and is often used as a plastic explosive. Like nitroglycerin, it is also used as a drug to treat certain heart conditions. PETN is more difficult to ignite than primary explosives, but it is sensitive to friction and shock.

Although no injuries were reported, the main access road to the port, U.S. 70, is closed and officials expect it to remain closed for the rest of the day. Clean-up crews are now on the scene and working to clear the area. The captain of the port ordered the facility closed and excluded vessels from operating near the area. According to the Coast Guard, they have established a two-mile safety zone around the port until the situation is resolved.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Hornbeck Offshore Services, Inc. (NYSE:HOS) recently introduced a new multi-purpose support vessel (MPSV) to its fleet.

The new 370-ft HOS Centerline is Jones Act qualified and has an 8,000+ deadweight-ton capacity, which represents the largest and most diverse DP-2 classed offshore supply vessel in operation. The HOS Centerline is the only vessel in the world to have received United States Coast Guard certifications that allow it to conduct operation as a supply vessel, an industrial/construction vessel and as a petroleum and chemical tanker.

HOS Centerline’s sister-vessel, HOS Strongline will join the fleet in early 2010. Both vessels will be based at the HOS shore base facility in Port Fourchon, Louisiana.
 
The new vessels have the capacity to transport more than 30,000 barrels of liquid drilling mud and fuel.  One of the largest MPSVs afloat with 8,400 kw of propulsion and DP-2 capability, the vessels are designed to be able to continue cargo transfer operations during sea and weather conditions that prevent smaller vessels from working. The ships’ cargo deck is 240 ft by 58 ft and is complemented by an additional 30-ft by 58-ft of covered deck space. HOS Centerline has accommodations for up to 78 persons, in addition the vessel’s regular crew.

Improving Maritime Safety for Jones Act Seaman

As an advocate for reducing maritime accidents and injuries, the Jones Act lawyers at Arnold & Itkin LLP strive to improve the lives of Jones Act seamen by driving employers to provide safer conditions for their maritime workers.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

On the night of December 28, pirates attacked the Bahamas-registered product Tanker Gulf Coral as it steamed through Phillip Channel, Straights of Malacca and Singapore.

According to the incident report, Gulf Coral was approached under cover of darkness by approximately a half dozen small (less than 30’) unlit vessels. One after another, the vessels approached Gulf Coral‘s bow and tried to board. Gulf Coral sounded her security alarm and general alarm, and the crew mustered on the bridge and commenced anti-piracy measures. The master initiated evasive maneuvers while the crew lit the forward-facing deck lights, searchlights and an Aldis lamp. The crew had already taken the precaution of rigging fire hoses, the blast from which was directed at the pirates.

After 30 minutes of failing to board the tanked, the pirates aborted the attack and Gulf Coral continued their journey proceeding with extreme caution.

In 2009, there were a total of six pirate-related incidents occurring in the Phillip Channel. Of these, four were considered to be Category 2 (moderately significant) incidents. The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) advises ship masters to be alert and take precautionary measures when transiting the Philip Channel, especially during hours of darkness. The ReCAAP Information Sharing Center encourages ship masters, ship owners and ship operators to remain vigilant and to report all incidents of piracy and armed robbery immediately after an actual or attempted attack to the nearest RCC, coastal or port State authorities, as appropriate.

Maritime Safety

The maritime industry has always been considered a high-risk occupation. The recent increase in piracy has only added to the problem. Maritime lawyers have led the fight in bringing this matter to the public’s attention and have been instrumental in forcing employers to take additional measures to protect maritime workers and seamen from the dangers of piracy.

As maritime lawyers, we applaud the vigilance of the Gulf Coral and the precautionary measures it took to ensure the safety of its crew.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Yesterday, four seamen were found guilty and could find themselves behind bars for the next four years for causing a collision in which 18 seamen lost their lives.

The accident occurred in 2008 when the Ukrainian tug Neftegaz-67 attempted to pass Chinese bulk carrier Yaohai in a shipping channel near Hong Kong. According to the ruling by the judge, the two pilots should have known to leave the other vessel to port. Despite several whistle blasts given by Yaohai, which the master of Neftegaz-67 claims not to have heard, Neftegaz-67 turned to port into the oncoming Yaohai.

The Ukrainian tug filled with water and quickly sank in approximately 120’ of water. Only seven members of the Neftegaz-67’s crew of 25 made it to safety. Sentencing of the two masters and two pilots is scheduled for today.

The maritime industry has always been considered a high-risk occupation. Incidents like the tragedy of Neftegaz-67 only confirm this. In the United States, U.S. citizens occupied as seamen, offshore and other maritime workers benefit from the additional protection provided by maritime laws such as the Death on the High Seas Act, the Longshore and Harborworkers’ Compensation Act and the Jones Act.

If you are ever the victim of a maritime injury, it is important to contact an experienced maritime lawyer as soon after the accident as possible. If you’re employed as a seaman aboard a vessel or offshore rig in navigable waters, you should consult with a Jones Act lawyer if you feel you might be entitled to the additional protections offered by the Jones Act.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Arnold & Itkin LLP  has released a new video on LawyerForYou.com. In this new video maritime attorney Lisa Sechelski introduces our law firm's Jones Act & maritime law practice. In it, you'll hear feedback from an actual client and listen as Lisa shares important information you should know if you or a family member are injured in a serious maritime or offshore accident.
 

Maritime lawyers at Arnold & Itkin LLP represent seamen, dockworkers, oil & gas industry workers, cruise ship workers, & others injured in maritime accidents at sea or on inland waters.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A recent ruling by a federal judge has tugboat operators’ attention.

On December 18, 2009, the family of Freddie Porter, Jr., a U.S. Navy seaman who died as the result of a maritime injury, was awarded $1,250,000 by Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia. The accident occurred when the Rigid Hull Inflatable Boat (RHIB) carrying Porter was struck by one of eight barges in a flotilla propelled by the tugboat William E. Polle owned by Vulcan Materials Company. While the rest of the RHIB’s crew swam to safety, Porter was sucked under a barge in the 600-foot flotilla and killed by the tugboat’s propellers.

Although the judge ruled that the Navy was primarily at fault for ordering an inexperienced crew with inadequate supervision to conduct a nighttime navigation exercise as part of the sailors’ SEAL (sea, air and land) special forces training, 20 percent of the liability (which in the court’s opinion amounted to $1,250,000) was assigned to Vulcan because the maritime injury case proved that Vulcan failed to post a proper lookout, which in the opinion of the court would have prevented the collision.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

One of San Diego’s favorite holiday traditions was marred by a tragic accident that occurred when a U.S. Coast Guard vessel struck a pleasure boat, injuring five people and killing eight-year-old Anthony Cole DeWeese of Rancho Peñasquitos, California.

The incident occurred during the 38th annual San Diego Bay Parade of Lights, which attracts more than 80,000 spectators each year. According to reports, 13 people aboard a 26-foot Sea Ray had just finished watching fireworks and were waiting for the boat parade to start when they heard a USCG vessel speeding toward them at approximately 30 to 40 knots.

According to witnesses, the 33’ Coast Guard vessel was responding to an emergency call from a grounded boat and was traveling fast with its lights on. The boy’s father, Alan DeWeese, said he tried to maneuver the boat out of harm’s way.

“I thought he was going to turn at some point,” said DeWeese. “He came up so fast, I didn’t have time to react.”

In addition to Anthony DeWesse, who died at UCSD Medical Center about an hour after the incident, two other children suffered minor injuries and were taken to Rady Children’s Hospital. Two adults suffered major trauma and were taken to UCSD Medical Center. Paramedics performed CPR on a third adult before he too was taken to UCSD Medical Center.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Jones Act lawyers Kurt Arnold and Paul Skrabanek of Arnold and Itkin LLP filed a lawsuit on behalf of Mario Gonzales, a seaman and long-term employee of Fugro who sustained injuries to his neck and back in a fall that occurred when he slipped on the stern of M/V Fugro Discovery. Several fellow crew members witnessed the fall and reported the accident. Gonzales now suffers chronic back pain and migraine headaches. The 230’ Fugro Discovery, built in 1997 for the Norwegian navy, is now used as a multi-role geophysical and hydrographical survey vessel. At the time of the accident, Fugro Discovery was conducting operations in the Bay of Campeche on behalf of PEMEX, Mexico’s state-owned petroleum company. The lawsuit was filed in Houston, Texas.

• Email This
• Print
• Comments
• Trackbacks
• Share Link