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
