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

Attorneys Kurt Arnold and Jason Itkin recently earned membership in the prestigious Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.

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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.

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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.

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The Marine Accident investigation Branch (MAIB) is warning that too many merchant ships are sailing off Britain's coast with an insufficient amount of crew members, increasing the risk of maritime accidents. 

The Chief Inspector of Marine Accidents has highlighted the dangers of understaffing vessels in his introduction to the annual MAIB report, released yesterday. According to chief inspector Stephen Meyer, several vessels sail around the UK without crews sufficient to operate safely. Many ships neglect to have dedicated bridge lookout personnel, this often results in devastating accidents. in January 2008, a cargo ship ran aground in Northern Ireland. It turned out that the lookout officer had been asleep for at least three hours before the vessel ran aground. 

According to the report, five merchant crewmen fatalities occurred last year, compared to twelve in 2007. Eight fishermen died in 2008, which was the same number as 2007. The report warns of complacency as a risk factor in maritime accidents. When crew members get familiar with their jobs, it leads to a sense of complacency, increasing the possibility of errors.

Adequate Amount of Seamen

Employers are required to have a sufficient amount of crew members on their vessel to enable safe operations. A shortage of staff could mean that seamen end up having to perform duties they are not trained for. Crew members may end up working excessively long hours because of staffing shortages, increasing their risk of injury. 

In addition to maintaining an adequate number of crew members aboard the ship, employers are also required to make sure all workers are properly trained to perform their duties. When a seaman sustains injuries because of negligence or incompetence of a fellow worker, the employer can be liable for their injuries.  

The maritime lawyers at Arnold & Itkin LLP represent victims injured in accidents involving cargo ships, cruise liners, towboats, commercial fishing vessels, offshore drilling platforms, and other Jones Act vessels.

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A New Zealand company will pay fines amounting to more than $260,000 for a fishing boat accident that killed two workers. 

On June 20, 2008, a six-meter fishing vessel, Shikari, was traveling at 23 knots. The speed limit in the area was 5 knots. The boat crashed into a Navy inshore patrol vessel. The skipper of the Shikari, Anton Perano, was killed in the boat accident along with fellow worker, Troy Climo. Other passengers in the Salmon boat were badly injured. One worker suffered multiple broken ribs, a torn aorta, and tendon injuries; and was in a coma for seven days. Another worker suffered fractured ribs and broken teeth. 

According to a New Zealand maritime lawyer, Perano appeared to be texting just before the accident. He seems to have failed to see the other vessel that was moored in the bay, until it was too late to avoid a collision.  

According to lawyers for New Zealand King Salmon, Perano was an experienced skipper who had traveled that particular route at least 5 times a week and thousands of times over the past 12 years. His normal route involved docking at the eastern side of the bay, but on the day of the tragedy, the boat was on its way to drop passengers on the western side.

New Zealand King Salmon faced four charges, including failure to take steps to ensure the safety of its workers. It was fined $60,000 for that violation and another $6,000 for being six days overdue on its Safe Ship Management Certificate. The company was also fined $3,000 for the fact that Perano had a Local Launch Operator Certificate that was 12 days overdue. Reparations of $60,000 each will be paid to the families of the deceased, while $20,000 will be paid to each of the survivors. 

Jones Act Seamen

In the U.S., a Jones Act seaman who suffers injuries because of another maritime worker's negligence may be eligible for compensation from his employer.  The maritime lawyers at Arnold & Itkin LLP represent victims injured in accidents involving cargo ships, cruise liners, towboats, commercial fishing vessels, offshore drilling platforms, and other Jones Act vessels.

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The Associated Press has compiled a list of some of the deadliest maritime accidents in the recent past. The list includes several disasters that took place off American waters.

• The world’s worst peace time shipping accident occurred when a ferry, Dona Paz, collided with a tanker in the Philippines on December 28, 1987. 4,340 people drowned in that accident. The collision caused the tanker’s cargo to catch fire. The flames quickly spread to the ferry, which sank within minutes. Two of the 13 crew members of the tanker survived, while all 58 crew members on the ferry died.
• On July 25, 1956, two passenger liners, the Stockholm and the Andrea Doria, collided off the Massachusetts coast. The Andrea Doria sank with 1,706 passengers and crew on the board. 46 people were killed.
• On May 29, 1914, a Canadian Pacific steamship, the Empress of Ireland, collided with a Norwegian ship. The steamship sank within minutes. 1,012 people were killed.
• On April 12, 1912, the world’s best known maritime accident took place. The Titanic was then the largest passenger ship in the world. The liner struck an iceberg and sank in the Atlantic. 1,496 people were killed. Crew members and seamen aboard the doomed liner displayed heroism that’s become legend.
• On June 15, 1904, the steamship General Slocum caught fire in the East River in New York. More than 1,000 people were killed.
• On April 27, 1865, a steam drum exploded on a steamboat, Sultana on the Mississippi River. At least 1,700 people were killed.
• On February 3, 2006, a fire aboard a ship headed to the Egyptian port of Safaga killed more than 1,000 people.
• On September 28, 1994, the ferry Estonia sank in the Baltic of sea in stormy conditions.  852 people were killed.

The maritime lawyers at Arnold & Itkin LLP represent workers injured in accidents involving cargo vessels, cruise ships, oil rigs, offshore drilling platforms, towboats, and commercial fishing vessels.

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The U.S. Coast Guard called off its search for 67 Haitian immigrants who remain missing after their boat overturned off the Turks and Caicos Islands.

The tragic accident occurred late on Sunday, when the flimsy wooden boat steered into a reef. It set sail from the Haitian port of Cap Haitien with approximately 200 people on board. The boat, headed for Florida or the Bahamas, had been at sea for about three days when the accident occurred. According to survivors, the skipper tried to avoid being spotted by a patrol vessel and accidentally steered into a reef. When the boat ran aground the hull began to split open, and the people on the boat simply fell into the ocean. Making matters worse were the high winds and rough seas in the area at the time of the accident.

The U.S. Coast Guard, which led search and rescue efforts, confirmed that 118 people were rescued and 15 people were confirmed dead. The Coast Guard has now called off the search, although local authorities in the Turks and Caicos Islands have said that they will continue their rescue efforts. However, it is highly unlikely any more survivors will be found.

This is not the first time Haitian immigrants have died in tragic accidents like this one.

• In May, nine people died when a boat carrying 30 people sank off the Florida Coast.
• In May of 2007, a boat carrying 150 Haitian immigrants sank off the Turks and Caicos Islands. 61 migrants died in that maritime accident.

The maritime lawyers at Arnold & Itkin LLP represent workers injured in accidents involving cargo ships, cruise ships, oil rigs, offshore drilling platforms, barges, towboats, commercial fishing vessels, and other Jones Act vessels.

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Authorities have begun investigations into the deaths of three fishermen in an accident off the west coast of Scotland.

On Monday, the fishing vessel, Aquila, with four members on board, capsized in the waters off the Ardnamurchan Peninsula. A witness on shore who saw the vessel capsize reported the accident. Helicopters, lifeboats, and other vessels took part in rescue operations. Within an hour, one of the crewmembers was rescued by the crew of another vessel, which responded to a Mayday alert sent out by the Coast Guard. The surviving crewmember was not wearing a life jacket. The bodies of the other three crewmembers, including skipper Tony Hayton, were recovered later. 

The marine Accidents Investigation Branch has begun a probe into why the scallop dredger capsized in what seemed like perfectly normal conditions. The Royal Navy has confirmed the area is a submarine exercise area, but no operations were being conducted at the time of the accident. With weather and collisions being ruled out as a cause of the accident, the investigation will look at other factors that may have been responsible for the tragedy.  

According to sources, skipper Hayton and his crew were highly experienced fishermen and very knowledgeable about fishing in that area. This much, however, is clear - whatever went wrong went wrong too quickly for the crew to launch any emergency measures that could have prevented the boat from capsizing. Divers have already begun inspecting the fishing boat. Investigators are also waiting to talk to the survivor of the accident, Timothy Rowley.

Commercial Fishing is Dangerous Maritime Work

Work in the commercial fishing industry is dangerous, whether off the coast of Scotland or on a scalloper in Massachusetts. Fishermen work under dangerous and stressful conditions that include freezing weather, rough seas, and a work environment teeming with wetness, slippery surfaces, and dangerous lines and equipment.  The industry is lucrative, but remains difficult to regulate because of its sheer size. There are thousands of fishing companies of all sizes, involved in the business, and enforcing safety standards on all vessels can strain already limited resources.

Fishermen may be covered under the definition of a Jones Act seaman, and any injuries they sustain can be eligible for benefits under the Act.  

The maritime lawyers at Arnold & Itkin LLP represent injured crewmembers of commercial fishing boats, as well as crewmembers of cruise ships, cargo ships, barges, tugboats, oil rigs and other Jones Act vessels.

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Gangs of Somali pirates have turned their attention to American vessels with two attacks on our ships in April alone, but maritime companies have ruled out the option of arming their workers to deal with this deadly threat.

Representatives of shipping companies at a maritime conference in Singapore indicated that they are not keen on arming their workers with weapons to deter armed Somali pirates. These dangerous gangs are comprised of highly sophisticated criminals armed with modern automatic weapons, and their attacks have shown a strong bent of mind and careful planning. Currently, sailors navigating the waters in the Gulf of Aden are forced to prop mannequins dressed in military fatigues and holding fake weapons to fool pirates. Obviously, dummy military personnel have done little to ward off attacks by the gangs. Somali pirates have been attacking international vessels more frequently than ever before.

At the Massachusetts Maritime Academy, President Admiral Rick Guenon is calling for increased action to protect ships and crew from pirate attacks. These actions include arming the crew members of vessels and increasing the number of warships in pirate infested waters. However, arming maritime workers is a sticky issue the Coast Guard is not in favor of. According to Coast Guard representatives, maritime workers are not trained to handle weapons. They also worry about the risk of liability when workers are allowed to carry sophisticated weapons.

It is clear that propping mannequins on the sides of ships, using water hoses to remove ladders pirates use to board ships, and other antiquated measures are doing little, if anything, to deter these gangs. We are looking at an international maritime security problem and so far, there are very few answers that can help keep our sailors, deckhands, cruise ship crew, house keepers, stewards, and other maritime workers safe.

Maritime lawyers must get more involved in demanding a safer and more secure working environment for workers who are at risk of life and limb in these pirate infested waters.

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The FBI has limited experience in maritime security, but after the recent increase in threats posed to maritime workers and crew from pirates, the agency is building relationships with maritime companies in an effort to enhance its security programs.

The agency, from its Maritime Liaison office in Florida, is focusing on the commercial cruising industry, yacht and boating industry, cargo lines, and other maritime related industries. The intention is to increase the FBI's ability to gather intelligence. Cargo vessels and cruise ships, for instance, are much more likely to observe suspicious behavior and can report to the FBI, enabling the agency to take important steps in protecting maritime workers and our ports. The agency plans to develop a comprehensive maritime network that can receive information from vessel lines and other sources, and then use the information to ward off any threats. The agency has established maritime liaison officers at all its field offices that have connections to the maritime industry.

Specific activities that the Florida FBI Maritime Liaison Center has investigated include major security threats like:

• Hijacking
• Bomb threats to vessels
• Smuggling of weapons, explosives, and drugs

Also, the agency is monitoring suspicious activities, like photography and dubious purchases, like night vision equipment and underwater delivery systems. The agency is looking especially at such activities by people belonging to countries that have a history of threatening the U.S. In addition to these, the FBI is also investigating murders, assaults, suicide, and other matters that fall under maritime jurisdiction.

FBI Can Assist with Maritime Security Issues

With its reputation for efficiency and diligence, the FBI has a huge role to play in ensuring the security of maritime workers. Workers on cruise ships, cargo vessels, and crew members of yachts and luxury boats are at greater risk of danger on the seas than in previous decades. Years after 9/11, terrorism continues to be a threat to our country and maritime workers at sea are at an increased risk of dangers from such activities. The recent pirate attacks on American vessels have also increased the need for top level federal assistance for providing security to workers. 

As maritime lawyers, we believe such involvement of the country's top investigating agency is extremely important for the security of maritime workers.

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

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A massive 40-ton hydraulic crane collapsed on a yacht at a sailing club in Portchester, Hants, England, destroying the boat; no injuries were reported.

The crane was lowering a new £20,000 Westerly Konsort yacht when, according to witnesses, it began to tip over and crashed into the center of the yacht. The impact of the 40-ton crane tore the boat almost in two. The operator of the crane was forced to leap out of his cabin 12 feet to the ground as the crane collapsed. Miraculously, no injuries were reported. One workman at the scene narrowly escaped injuries by darting from the area as the crane came down.

Coast guard personnel worked many hours to recover the crane as emergency crew members averted an environmental disaster by preventing oil from spilling into the water. A larger 100-ton crane was used to help with emergency rescue efforts.

Investigations into the crane accident will continue, but as of now the accident is being attributed to a broken hydraulic pipe. Investigators may look into whether there was a manufacturing defect that caused the crane to collapse in the middle of operations. They will also look at the maintenance records of the crane to see if shoddy maintenance could have been responsible for the fractured hydraulic pipe.

Maritime Injury Attorneys

Maritime workers injured in an accident caused by faulty or defective equipment can file damages claims under the Jones Act. The Jones Act exists to ensure that injured seamen receive full compensation after they have suffered injuries in a maritime accident. These benefits include initial medical care and continuation of medical care until your condition is deemed to have reached medical improvement. There are also other compensatory damages applicable for maritime injury accidents.

The maritime lawyers at Arnold & Itkin have helped thousands of injured maritime workers recover compensation for their injuries. If you've been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

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