2011: Year in Review for Arnold & Itkin

The year of 2011 was yet another monumental year for Arnold & Itkin, LLP. Over the years, we have been proud to recover hundreds of millions of dollars in verdicts and settlements on behalf of our clients and this was no different in 2011. In fact, we are proud to announce that we successfully recovered over $250 million in the last year alone; an enormous success and a true testament to our dedication to our clients, as well as our unwavering commitment to always providing the highest quality of legal representation.

Recovering this much comes from pairing aggressive out-of-court negotiation skills along with a “never say never” attitude. Our opponents know that we are not willing to settle for an unsatisfactory amount, that we will always be willing to prepare and take a case to the courthouse if that is what is required to obtain justice for our clients. Better yet, they know that when we say this, we actually mean it because we have done so before. We often will claim that it is this level of uncertainty that gives us the upper edge in negotiations.

Still, in some cases even this upper hand isn’t always enough to come to a fair out-of-court settlement. In some cases, we have to back up our word and fight for clients in trial – and we have proven that we are more than willing to do so. Take for example a case that we settled in 2011 involving Diamond Offshore. Our client had been working aboard the Ocean Yorktown at the time of the injury when he had been unexpectedly hoisted over twenty feet into the air and had his fall protection fail. This resulted in serious injuries such as a loss of consciousness, a crushed arm, three fractured vertebrae, three herniated discs, broken ribs and a closed head injury. We tried the case in the 157th District Court in Harris County, TX before Judge Wilson. The case lasted for a week and a half and resulted in the jury returning with a unanimous verdict of $4.9 million.

It was cases like this that made 2011 the success that it was and we were proud to represent clients such as this in their fight for justice. As always, we are proud to help clients get the compensation that they deserve – helping them to receive the medical treatment that is required. Such was the case as we continued to work to defend those who were aboard the Deepwater Horizon at the time of the April 20, 2010 explosion. In fact, we have been honored to represent over a fifth of the entire crew during this time.

We are compassionate to the tragedy that has victimized our clients and their families and we have worked tirelessly to provide them with supportive guidance while aggressively fighting to hold negligent companies liable. During this time, we are grateful to have gotten to know these crew members and have fought tooth and nail to help them get the maximum recovery that they deserve. We encourage you to watch some of the videos from clients involved in Deepwater Horizon case to learn more about their experience with our firm:

While a colossal year, 2011 is just the beginning. We at Arnold & Itkin, LLP are prepared to face 2012 full force and look forward to the challenges that the new year will bring. If you have recently been injured or have suffered from the negligence of a third party, do not let another minute go by without receiving the high quality legal assistance from a maritime attorney that you deserve. Contact an offshore injury lawyer from our firm to schedule your free, no-obligation consultation. We are here to help you. Call today. 

Government Maintains Plan To Sell New Offshore Gulf Oil Leases

The federal government continues in its plans to sell offshore oil leases in the Gulf of Mexico for the first time since the catastrophic destruction of the Deepwater Horizon drilling rig in April 2010.  The sale, scheduled to take place in New Orleans on December 14, 2011, is anticipated even as federal officials continue to mull proposed changes to safety regulations governing the oil industry.

The newly-announced lease offering makes available swaths of western Gulf parcels off the coast of Texas.  According to media reports, Interior Secretary Ken Salazar described the federal agency as comfortable with resumption of Gulf deepwater drilling in light of new and rigorous standards in place.  Still, the announcement has been met with skepticism in some quarters, as environmental advocates question whether safe drilling practices will prevail.  For its part, the American Petroleum Institute expressed cautious optimism but was less than enthusiastic about the announcement that minimum bids for deepwater leases would be significantly increased.

The bid package indicates that minimum bonus bids must be at least $25 per acre for blocks in water depths of less than 400 meters, or $100 or more for blocks in deeper waters.  According to the government, the previous minimum bid level of $37.50 per acre for deepwater blocks had been in place since 1999, when oil prices were near $20 per barrel.

Details of the Proposed Notice of Sale are available at the website of the Bureau of Ocean Energy Management, Regulation and Enforcement.

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Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, use the form on this page to contact a maritime attorney at Arnold & Itkin LLP for a free consultation, or call our maritime law office toll free at 866-222-2606.

Recent Deepwater Horizon Rulings Address Key Issues In Litigation

United States District Judge Carl Barbier recently issued a broad order on pending motions to dismiss in the multi-district litigation arising out of the April 2010 loss of the Deepwater Horizon oil rig. (In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010, MDL No. 2179 (E.D. La.))

The dismissal motions pertained to the court’s “B1” pleading bundle, which collects together over 100,000 individual claims for private economic loss and property damages.  The B1 pleading bundle “master complaint” asserts claims against BP defendants and Transocean defendants, among others.  The claims allege causes of action under the Oil Pollution Act of 1990 (OPA), various state laws, and general maritime law.

As described by the court, in their various motions the defendants sought to dismiss all claims brought pursuant to either general maritime law or state law, leaving only OPA-related claims.

In its extensive discussion resolving the dismissal motions, the court determined, among other things:

  • The Deepwater Horizon was at all material times a vessel in navigation.
  • Admiralty jurisdiction exists because the defendants' alleged torts occurred upon navigable waters of the Gulf of Mexico, disrupted maritime commerce, and the operations of the Deepwater Horizon bore a substantial relationship to traditional maritime activity.
  • Outer Continental Shelf Lands Act (OCSLA) jurisdiction is also present because the casualty occurred in the context of exploration or production of minerals on the Outer Continental Shelf.
  • Claims alleged under state law, whether statutory or common law, had to be dismissed because they were preempted by maritime law.
  • General maritime law claims that did not allege physical damage to a proprietary interest had to be dismissed under the Fifth Circuit’s “Robins Dry Dock” rule, unless they fell into an exception for commercial fishermen. In addition, OPA claims for economic loss need not allege physical damage to a proprietary interest, the court said.
  • OPA does not displace general maritime law claims against “non-Responsible” parties, while conversely, OPA does displace general maritime law claims against Responsible Parties, but only with regard to procedure (such as OPA’s presentment requirement).
  • Presentment under OPA is a mandatory condition precedent to filing suit against a Responsible Party.
  • There is no presentment requirement for claims against non-Responsible Parties.
  • Notably, the court ruled that claims for punitive damages are available for general maritime law claimants against Responsible Parties and non-Responsible Parties.

Trial in the case is scheduled for February 2012.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, use the form on this page to contact a maritime attorney online at Arnold & Itkin LLP for a free consultationn or call our maritime law office toll free at 866-222-2606.

Coast Guard Investigates, Reports No Leakage From Deepwater Horizon Well Head

The United States Coast Guard reports that two remotely operated vehicles deployed to the Macondo 252 well head in the Gulf of Mexico have confirmed there is no oil leaking from the well head.

According to the agency, as part of the investigation into recent reports of sheen observed in the vicinity of last year's BP Deepwater Horizon oil spill, two ROVs were deployed to survey the well head. The ROVs conducted a full survey of the well head and vicinity, looking for evidence of leaking oil. Additionally, a zoom lens was used to examine both the well head and the base of the well head to look for smaller, less obvious signs of leakage. The ROV also visited the two relief well sites. No evidence of leaking oil was found.

Experts from the Coast Guard, National Oceanic & Atmospheric Administration, BOEMRE, DOI, and representatives from BP, as well as the State On-Scene Coordinators for Louisiana and Mississippi, viewed the live feed from the ROVs and agreed that nothing shown from the ROVs indicated any sort of leak from the well head.

The video and data collected by the ROVs was to be verified for accuracy once the vehicles were retrieved.

The Deepwater Horizon, a massive offshore oil rig leased to BP PLC, was drilling southeast of Venice, La., in 5,000 feet of water when it exploded April 20, 2010, after a well blowout. While most of the 126-member crew were fortunate to escape from the burning oil rig before it sank into the Gulf of Mexico, eleven rig workers died and 30 others were seriously injured.  The accident also resulted in the largest marine oil spill in United States history.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Houston Maritime Injury Attorneys Applaud Commercial Shrimping Safety Program

Houston maritime attorneys Kurt Arnold and Jason Itkin recently applauded an initiative to reduce deaths and injuries in the commercial shrimping industry by providing customized safety classes and training for Gulf shrimpers.

The program is the result of a partnership between the University of Texas Southwest Center for Agricultural Health, Injury Prevention and Education and the U.S. Coast Guard.

“We were gratified to learn of this partnership that is aimed at seeking ways to stem the tide of accidents and injuries among Gulf shrimp boat workers,” said Arnold, a founding partner of Arnold & Itkin LLP and an experienced Houston maritime accident attorney.

“We hope all Gulf shrimping firms will seek out this additional education and training for their working crews and managers,” Arnold said.

A study by the Southwest Center found that shrimping is the most dangerous job in commercial fishing. The Southwest Center’s director, Dr. Jeffrey Levin, reported drowning and becoming caught in machinery as the top two causes of commercial fishing deaths.

The outreach program, mentioned here earlier, has reached about 500 of the several thousand Gulf shrimp fishermen as of late July, according to the Associated Press.

“As maritime attorneys, we see the disabling injuries that are all too common among shrimpers and commercial fishermen of all kinds, as well as among other maritime crews,” said Itkin, a veteran Houston maritime injury lawyer and Arnold & Itkin LLP founding partner.

“Clearer communication and additional training is certain to be helpful. We applaud the partnership of the Southwest Center and the Coast Guard, and the initiative of those shrimpers who have already participated in the new program,” Itkin said.

Unfortunately, too many injuries and deaths on fishing boats are not the result of employee conduct but, rather, the result of boat owners’ and employers’ recklessness and negligence, Arnold said.

“When workers are injured because of negligence or recklessness, they or their families need to act quickly to contact attorneys who are well versed in maritime law, the Jones Act and other avenues for securing proper compensation for the costs, pain and suffering that catastrophic injuries entail,” Arnold said.

The maritime lawyers at Arnold & Itkin LLP, a Houston personal injury law firm, provide legal guidance on all aspects of maritime law and the benefits that offshore workers are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Arnold & Itkin LLP handles maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama. The firm can be contacted toll free at (877) 398-4972 or using the firm's online form.


Shrimping Vessel Saved By Prompt Action On Part Of Crew, Coast Guard

The United States Coast Guard recently responded to a commercial shrimping vessel in distress off the Texas coast.  The prompt action by the shrimp boat's crew in summoning aid, and the Coast Guard’s fast and effective response, prevented the vessel from sinking some 14 miles out to sea.

The Coast Guard’s rescue operation began when a radio call from the Odin’s crew indicated that the ship was taking on water through its propeller shaft in the pre-dawn hours on Sunday morning.  A Coast Guard rescue helicopter was dispatched and reached the vessel within approximately 45 minutes.  Two de-watering pumps were lowered, along with a rescue swimmer.

The pumps reduced the water level inside the shrimping vessel sufficiently to allow it to stay afloat while it was towed back to port by a sister vessel.

The pilot of the Coast Guard’s rescue helicopter praised the Odin’s crew for its prompt call for immediate assistance.  “The crew of this boat did the right thing by using VHF-marine channel 16 to contact the Coast Guard early enough that it was still a controllable situation,” he said.

The dire situation facing the shrimping vessel Odin in the early morning darkness demonstrates yet again the substantial dangers that maritime workers face every day as they earn a living at sea.  The crew of the Odin is to be commended for acting quickly to summon aid; their prompt action may have avoided injury or loss of life, as well as loss of the vessel itself.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Study To Address Worker Safety In Offshore Renewable Energy Operations

The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) has announced the start of a new study that will focus on regulating worker safety in the rapidly expanding offshore renewable energy field.

According to its August 1 announcement, the federal bureau has engaged the National Research Council’s Marine Board to carry out the study, which will consider worker safety issues in connection with offshore renewable energy operations on the Outer Continental Shelf (OCS).  The study should be completed within one year, no later than the end of July 2012.

BOEMRE indicates that the study will identify particular hazards in the offshore energy operations workplace, including a variety of risks associated with construction and maintenance of offshore wind turbines.  At its conclusion the study is to identify areas not adequately addressed in current regulations, and make recommendations on means of enhancing workplace safety regulation.

“We are committed to ensuring that offshore energy development is conducted safely,” said BOEMRE Director Michael R. Bromwich. “The results of this study will enhance and enlarge our understanding of the potential risks faced by workers during construction and operation of renewable energy facilities on the OCS.”

The maritime injury attorneys at Arnold & Itkin LLP applaud all efforts to improve worker safety in offshore energy operations, whether in the field of renewable or non-renewable energy production.

Working in the offshore energy field is an inherently dangerous job.  The developers, owners and operators of offshore renewable energy sources are obliged to ensure that they adopt the best procedures, and provide the best equipment, to prevent accidents and preserve the health and lives of their workers.  As has been demonstrated all too often in the offshore oil industry, when that doesn’t happen, it is the workers and their families who suffer the consequences.

In some cases, offshore workers’ injuries may be covered under the Jones Act, a federal law that protects seamen who are injured or killed on the job due to the negligence of their employers.  While Jones Act settlements can assist families in coping with the injuries and pain and suffering that accompany accidents at sea, preventing accidents by maintaining rigorous workplace safety is always the best “remedy” for Gulf Coast workers.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP using the form on this page, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

 

Texas Maritime Attorneys Applaud Efforts To Improve Oil Safety Regulations

The Deepwater Horizon disaster should be a lesson that the industry needs better laws to protect offshore workers, say Houston maritime lawyers Kurt Arnold and Jason Itkin.

Federal officials continue to negotiate proposed changes to safety regulations governing the oil industry a year after the BP Deepwater Horizon disaster ended, according to a recent article in the New Orleans Times-Picayune.

Michael Bromwich, head of the Department of Interior’s Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), said that broad changes to the laws are needed to create safer drilling and prevent future catastrophes.

Among others, the changes include strengthening requirements for the construction of subsea blowout preventers – the same equipment that malfunctioned in the Deepwater Horizon incident and triggered the largest oil spill in the history of the petroleum industry.

Houston maritime attorneys Kurt Arnold and Jason Itkin say they applaud Bromwich’s effort.

“Eleven offshore workers died in that spill, and even more were injured,” says Arnold, whose law firm represents workers who are injured in maritime accidents. “Although the BP disaster was the most highly publicized, scores of other Gulf Coast oil workers put themselves at risk for serious and fatal accidents every day.”

Working on rigs is an inherently dangerous job.  It's the responsibility of owner-operators and contractors to make sure the best equipment and procedures are in place to prevent accidents and preserve human life, adds Itkin, who also handles cases involving injured offshore workers.

“But sadly, proper maintenance sometimes falls by the wayside in an effort to save money,” Itkin says. “It’s the workers and their families – not the oil companies – who are left to suffer the everyday consequences when those preventable accidents happen.”

In some cases, offshore workers’ injuries may be covered under the Jones Act, a federal law that protects seamen who are injured or killed on the job due to the negligence of their employers.

“Jones Act claims are similar to workers’ compensation claims in many ways, but the amount awarded to successful claimants is often much higher than you would find in a workers’ comp case,” Arnold says.

Itkin says that Jones Act settlements can help families cope with the injuries and pain and suffering caused by an accident and help Gulf Coast workers begin to rebuild their lives.

“Hopefully BOEMRE will be able to find common ground among members of Congress and industry representatives so that more stringent requirements prevent offshore workers from injuries altogether,” Itkin says.

The Gulf Coast offshore injury lawyer adds that the key to coming up with a good compromise will be making sure that independent, impartial parties conduct investigations when offshore accidents happen.

“Attorneys need the best, most unbiased research they can find when collecting information for clients who are injured in Gulf Coast oil rig accidents,” he explains.

“Political infighting will be an obstacle that BOEMRE will have to overcome in order to develop and enhance safety regulations for its workers, but the ultimate outcome could assist attorneys who want to make sure that their injured clients receive compensation for offshore accidents.”

Arnold says that contacting an experienced personal injury attorney is crucial for families and offshore workers who have suffered in offshore accidents.

“Laws governing the oil industry are complex, and they are on the cusp of some potentially serious changes,” Arnold says. “Clients will be best served by having lawyers who have their fingers on the pulse of the oil industry.”

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

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 using the form on this page, or call our maritime law office toll free at 866-222-2606.

Deepwater Horizon RICO Claims Dismissed

The United States District Court for the Eastern District of Louisiana recently issued new orders in the multi-district litigation arising out of the fiery sinking of the BP Deepwater Horizon drilling rig in April of 2010.

One of the Court's July 15 orders dismissed Racketeer Influenced and Corrupt Organizations Act (RICO) claims asserted against the BP defendants in the litigation.  Certain plaintiffs accused BP of defrauding government regulators "in connection with the safety of its drilling operations, its ability to respond to any oil spill, and its response to the spill at the Macondo Well."  According to the Plaintiffs, the oil spill, and their resulting injuries, stemmed from BP's fraud against government regulators.

Presiding federal district judge Carl J. Barbier agreed with the BP defendants' argument that the RICO claims were not supported by proximate causation.  The Court ruled that the Plaintiffs failed to allege a sufficient link between BP's alleged defrauding of regulators and the economic harms that the Plaintiffs ultimately suffered.

The dismissal of the RICO allegations does not affect the numerous other claims that remain pending against BP after the horrific accident, which resulted in deaths and injuries among the Deepwater Horizon's crew and the worst marine oil spill in U.S. history.

Also on July 15, the Court granted BP's motion to stay proceedings on claims asserted against the company by one of its partners in the Deepwater Horizon Macondo Well, Anadarko.  The Court concluded that an arbitration provision in the joint operating agreement between BP and Anadarko applied, and that BP had not waived its right to compel arbitration.  Thus Anadarko's claims against BP had to be stayed for the time being to allow arbitration proceedings to go forward.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

July Status Conference Held In Deepwater Horizon Litigation

On July 8, Judge Carl J. Barbier presided over the most recent status conference in the Deepwater Horizon oil spill litigation pending before the United States District Court for the Eastern District of Louisiana.  Given the breadth of the litigation, a wide range of issues were taken up during the conference.  The court later published its minute entry, which highlights the matters discussed.

On the same day, the Court issued certain pretrial orders relating to settlement negotiation confidentiality and sample testing.  The Court's Pretrial Order 38: Order Relating To Confidentiality Of Settlement Communications essentially declares confidential all written and oral communications relating to the settlement of any claims or defenses arising out of the Deepwater Horizon catastrophe.  By the Court's order, a party who receives such communications must keep them confidential and may not disclose them to persons outside the associated settlement negotiations.  The order provides, however, that it does not limit the federal government or any state government from complying with public participation requirements and policies by publishing a final settlement agreement for public comment.  Settlement communications cannot be released by the federal government or a state government pursuant to the Freedom of Information Act, absent a finding of good cause by the Court, the pretrial order says.

Pretrial Order No. 39 Relating To Testing Of Samples authorizes any party to the Deepwater Horizon multi-district litigation to perform analytical testing on samples within the party's possession, subject to a previously-established protocol for analytical testing.  In pertinent part, destructive testing on oil, dispersant, or sediment samples can be carried out subject to additional restrictions, including the limitation that a sufficient amount of the sample should be preserved to ensure that another party can repeat the testing.  If insufficient material is available to allow for testing and subsequent testing by another party, extracts must be preserved to allow for repetition of the final steps of analytical testing.  A multi-district litigation party alternatively can notify all liaison counsel and then perform testing in keeping with any agreement reached should there be any objections lodged.

The Court further handed down an order on a motion by BP in which the oil giant sought confirmation that it could dispose of various items without violating its duty to preserve evidence in the case.  Accompanying are a number of appendices setting out the items at issue.

The Court scheduled the next monthly status conference in the litigation for the morning of August 12.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Gulf's "Dead Zone" Could Be Largest Yet Recorded

The Gulf of Mexico experiences an annual "dead zone" of oxygen-depleted waters as summer storms in the Mississippi River watershed carry a surge of agricultural fertilizer runoff, animal waste, municipal sewage, and other contaminants downstream to the river's mouth.  Once the contaminant-laden runoff flows into the warm environment of the Gulf, marine phytoplankton, or algae, respond to the sudden influx of nutrients with large blooms of excessive growth.  The algae themselves consume oxygen, and they also create large amounts of organic matter that eventually sink deep into the water column and to the sea floor.  There, bacteria break down the organic matter in a process that further absorbs oxygen.  The end result:  low oxygen levels in the surrounding waters, which can suffocate fish and other marine animals and force others to escape by abandoning their habitat.  So, while tiny phytoplankton form a critical component of the ocean food chain, their runaway growth in response to agricultural and municipal runoff can create a hypoxic wasteland in the marine environment along the Gulf Coast and up to 60 miles out to sea.

This year, scientists predict that the dead zone may be the largest yet recorded, at between 8,500 and 9,400 square miles, or approximately the size of Lake Erie.  This is due to enhanced runoff from the rain-drenched and flooded Mississippi River watershed.

According to Dr. Nancy Rabalais, of the Louisiana Universities Marine Consortium, the 2011 dead zone likely will exceed the 2002 zone, the largest known to date, by some five to ten percent.  Dr. Rabalais has studied the dead zone effect since 1985 and is considered a leading expert on the phenomenon.

In media interviews, Dr. Rabalais noted that the impending dead zone would have serious implications for Gulf shrimpers, who will have to move outside the hypoxic area in order to make their catches.  Thus shrimpers face added time, fuel and effort expended for possibly reduced takes.  Clint Guidry, president of the Louisiana Shrimp Association, was quoted in a New York Times article as describing the expected largest-ever dead zone as "a disaster in the making" for the industry.

Rabalais noted, as well, that the chronic environmental stressor of the Gulf dead zone could interfere with the Gulf's ongoing recovery from 2010's enormous oil spill after the catastrophic loss of the BP Deepwater Horizon oil rig.  In addition to killing and injuring crew members, the accident resulted in the largest-ever domestic maritime oil spill, which in turn wreaked havoc on environmental and economic interests throughout the Gulf.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact an Arnold & Itkin LLP maritime attorney online using the form on this page for a free consultation or call our maritime law office toll free at 866-222-2606.

Appointees Named To Gulf Oil Spill Panel

A 25-member panel has been established to hear appeals from eligible Gulf oil spill claimants who are dissatisfied with the handling of their claims by the Gulf Coast Claims Facility.  The GCCF was established by BP, as a designated "responsible party" under the federal Oil Pollution Act of 1990, in the aftermath of the devastating loss of the Deepwater Horizon oil rig in April 2010.

Under the GCCF's procedure for appeals of final claim determinations, a claimant may not file an appeal unless his or her claim exceeds $250,000.  For its part, BP may appeal  a claim determination if the claim results in an award exceeding $500,000.

The GCCF's protocols state that all appeals are to be decided by a three-person panel of appeals judges.  In March, Jack M. Weiss, Chancellor of the Louisiana State University Law Center, was appointed by GCCF Claims Administrator Kenneth Feinberg to select the appeals judges.

Now, Weiss has announced the composition of a 25-member panel of appeals judges who will decide eligible claim appeals.

The panel of Appeals Judges, which includes retired judges, law professors, and trial lawyers, is comprised of the following individuals, according to the GCCF announcement:

  1. Judge Delores R. Boyd (ret.) of Montgomery, Alabama. Boyd is a former Magistrate Judge of the United States District Court for the Middle District of Alabama.
  2. Dean John L. Carroll of Birmingham, Alabama. Carroll is the Dean and Ethel P. Malugen Professor of Law at the Cumberland School of Law of Samford University and a former Magistrate Judge of the United States District Court for the Middle District of Alabama.
  3. Judge William R. Gordon (ret.) of Montgomery, Alabama. Gordon is a former Circuit Judge of the 15th Judicial Circuit Court of Alabama.
  4. Justice Champ Lyons, Jr. (ret.) of Point Clear, Alabama. Lyons is a former Associate Justice of the Supreme Court of Alabama.
  5. Judge Edward B. McDermott (ret.) of Dauphin Island, Alabama. McDermott is a former Circuit Judge of the 13th Judicial Circuit Court of Alabama.
  6. Judge Kenneth O. Simon (ret.) of Birmingham, Alabama. Simon is a former Circuit Judge of the 10th Judicial Circuit Court of Alabama.
  7. Professor Charles W. Ehrhardt of Tallahassee, Florida. Ehrhardt is the Ladd Professor Emeritus at Florida State University College of Law.
  8. J. Joaquin Fraxedas of Altamonte Springs, Florida. Fraxedas is an attorney mediator/arbitrator and a Distinguished Fellow of the American College of Civil Trial Mediators.
  9. Judge Melvia B. Green (ret.) of Tampa, Florida. Green is a former Judge of the 3rd District Court of Appeal of Florida.
  10. Justice Major B. Harding (ret.) of Tallahassee, Florida. Harding is a former Chief Justice of the Supreme Court of Florida.
  11. Judge John J. Upchurch (ret.) of Ormond Beach, Florida. Upchurch is a former Chief Judge of the 7th Judicial Circuit Court of Florida and was appointed by the Supreme Court of Florida as a charter member of the Supreme Court Committee on Mediation and Arbitration.
  12. Dean Donald J. Weidner of Tallahassee, Florida. Weidner is the Dean and Alumni Centennial Professor at Florida State University College of Law.
  13. Judge Gerald T. Wetherington (ret.) of Coral Gables, Florida. Wetherington is a former Chief Judge of the 11th Judicial Circuit Court of Florida and has served as a Judge Pro Tempore of the 2nd and 4th District Courts of Appeal of Florida.
  14. Judge Robert J. Burns, Sr. (ret.) of Metairie, Louisiana. Burns is a former Chief Judge of the 24th Judicial District Court of Louisiana and served as a Judge Pro Tempore of the 5th Circuit Court of Appeal.
  15. Judge Philip C. Ciaccio (ret.) of New Orleans, Louisiana. Ciaccio is a former Judge of the Louisiana 4th Circuit Court of Appeal and has served as a Justice Ad Hoc of the Supreme Court of Louisiana.
  16. Judge David S. Gorbaty (ret.) of Chalmette, Louisiana. Gorbaty is a former Judge of the Louisiana 4th Circuit Court of Appeal.
  17. Chancellor Freddie Pitcher, Jr. of Baton Rouge, Louisiana. Pitcher is the Chancellor and Professor of Law at the Southern University Law Center and a former Judge of the Louisiana 1st Circuit Court of Appeal.
  18. Professor Ronald J. Scalise, Jr. of New Orleans, Louisiana. Scalise is the A.D. Freeman Associate Professor of Civil Law at Tulane Law School.
  19. Lynne R. Stern of New Orleans, Louisiana. Stern is an attorney mediator/arbitrator and past Chairman of the Alternative Dispute Resolution Section of the Louisiana State Bar Association.
  20. Professor Guthrie T. Abbott of Oxford, Mississippi. Abbott is a Professor Emeritus of Law at the University of Mississippi School of Law.
  21. Professor Patricia W. Bennett of Madison, Mississippi. Bennett is a Professor of Law at Mississippi College School of Law.
  22. Richard T. Bennett of Clinton, Mississippi. Bennett is an attorney mediator/arbitrator, former President of the Mississippi State Bar and serves on the Board of Directors of the American Arbitration Association.
  23. Judge W. Raymond Hunter (ret.) of Gulfport, Mississippi. Hunter is an attorney mediator/arbitrator, a former Municipal Court Judge for the City of Long Beach and serves as President of the Mississippi Chapter of Attorney-Mediators.
  24. Harold D. Miller, Jr. of Madison, Mississippi. Miller is an attorney mediator/arbitrator and served as the first Chairman of the Alternative Dispute Resolution Section of the Mississippi State Bar.
  25. Anne P. Veazey of Ridgeland, Mississippi. Veazey is an attorney mediator/arbitrator and serves on the Executive Committee of the Mississippi State Bar Alternative Dispute Resolution Section.

The maritime injury attorneys at Arnold & Itkin LLP remind those who think they are affected by the BP Deepwater Horizon tragedy to seek legal help from a firm familiar with the ongoing litigation, as well as maritime law in general.

Many oil rig workers and other offshore workers injured in the BP Deepwater Horizon disaster, along with businesses throughout the Gulf Coast region damaged by the impact of the oil spill, have called upon the attorneys of Arnold & Itkin LLP to assist them in resolving claims against Transocean and BP.

Environmental Groups Assert Endangered Species Act Violations Arising From Gulf Shrimp Trawling

Four environmental advocacy organizations claim Endangered Species Act violations arising from management and regulation of shrimp trawl fishery in Gulf of Mexico.

The Center for Biological Diversity and three other environmental advocacy groups have issued a 60-day notice of intent to sue to certain federal and state officials.  The organizations contend that the management and regulation of the Gulf of Mexico shrimp trawl fishery have resulted in unlawful harm to protected species.

The Center, along with Defenders of Wildlife, Turtle Island Restoration Network, and Sea Turtle Conservancy, contend in particular that the National Marine Fisheries Service and marine resources officials in Louisiana, Mississippi, and Alabama have mismanaged the Gulf shrimp trawl fishery, with the result that protected sea turtle strandings and deaths have soared in 2010 and 2011.

The notice issued by the environmental groups hypothesizes that sea turtles may be more vulnerable now due to the Deepwater Horizon oil spill and response efforts.

The environmental groups request that the Fisheries Service impose an emergency closure of the Gulf of Mexico shrimp trawl fishery pending assessment of turtle takings in light of current trawling practices and the Gulf habitat in its present state.  They also seek a determination of the primary cause of the turtle strandings, and whether they are associated with sea turtles' contact with oil and dispersants; a supplemental environmental impact statement to address new information related to the Deepwater Horizon oil spill and recent sea turtle stranding data; and other actions necessary to conserve sea turtles.

Absent resolution of the alleged Endangered Species Act violations, the environmental advocacy groups indicate that they will bring suit in federal court to obtain appropriate relief.

The federal and state recipients of the notice of intent to sue have 60 days in which to respond to the notice of intent to sue, should they choose to do so.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, for a free consultation contact an Arnold & Itkin LLP maritime attorney online using the form on this page, or call our maritime law office toll free at 866-222-260

Offshore Drilling Safety Reforms Still Needed

Attorneys Kurt Arnold and Jason Itkin of the Houston maritime law firm, Arnold & Itkin LLP, say the federal government and oil industry have been too slow to act on improving offshore worker safety.

One year after the deadly BP Deepwater Horizon oil rig fire and explosion, reforms are still needed to provide better safety for offshore workers, Houston maritime injury attorneys Kurt Arnold and Jason Itkin recently observed.

“On the whole, I don’t think you can say that offshore workers are much safer today than they were one year ago,” said Arnold, speaking on the anniversary of the April 20, 2010, Deepwater Horizon disaster. “There are still many important steps that need to be taken, especially with the design, inspection and maintenance of blowout preventers.”

According to the Houston Chronicle, a four-month investigation concluded that one cause of the disaster was the failure of a blowout preventer to cut through a drill pipe that had been dislodged during the incident, which would have sealed off the leak.

A Shell Oil Co. engineer told the newspaper that one way to address such a failure would be to require that blowout preventers have at least two sets of pipe-cutting components, or shear rams.

“We still have no regulation requiring that blowout preventers have multiple shear rams that would help to prevent another tragedy like the Deepwater Horizon,” Itkin said. “The oil rigs in the Gulf and other American waters clearly are not as safe as they could be.”

An article in a recent issue of the Shreveport Times pointed out that, despite more than 150 bills being introduced in Congress since last April to improve oil rig safety and enhance government oversight of the offshore oil drilling industry, no major legislation had yet passed.

“There has been a lot of talk about protecting offshore workers, but unfortunately, the action hasn’t matched the rhetoric,” Itkin said.

In the year since the Deepwater Horizon disaster, the Houston maritime accident lawyers have worked to protect the rights of injured Transocean workers and Gulf Coast businesses seeking redress for injuries caused by the Gulf oil spill.

Arnold said that he hopes new requirements for blowout preventers and other safety reforms are enacted before the next anniversary of the BP Deepwater Horizon disaster.

“The bottom line is that these maritime workers are doing a job that is vital to our nation's energy needs and we cannot have them unnecessarily risking their health and safety,” Arnold said. “We owe them a safer work environment.”

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, use the form on this page to contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Protestors Attend BP's 2011 Annual General Meeting

On April 14, BP held its first annual general meeting since the horrific loss of the drilling rig BP Deepwater Horizon in April of last year.

While BP portrays the last twelve months as "A Year of Change" in a corporate publicity film, media reports describe how the company faced angry protestors at its annual general meeting in London.

The protestors included Gulf Coast residents who remain upset with the company's handling of the Deepwater Horizon accident and post-accident reparations, together with shareholders unhappy with the high pay received by BP executives in spite of the disaster.  The vocal BP opponents also included protestors who challenged the company's involvement in controversial petroleum projects in other parts of the world.

Ahead of the scheduled meeting, shareholders representing some 60 percent of voting BP shares reportedly voted against re-election of Sir William Castell as head of BP's safety committee.

Some protesters apparently were barred from entering the annual general meeting, including Texas resident Diane Wilson, whose family has been in the Gulf Coast fishing industry for generations.  After the meeting began, a statement reportedly was read on behalf of Keith Jones, the father of Gordon Jones, one of the rig workers killed during the Deepwater Horizon catastrophe.  The unscheduled reading went forward despite BP chairman Carl-Henric Svanberg's attempt to stifle the speaker.  In his statement Mr. Jones accused BP of losing while "rolling the dice with my son's life."

Byron Encalade, president of the Louisiana Oystermen Association, told the media that he traveled to the London meeting because thousands of Gulf Coast damages claims remained unpaid, reflecting a failure of the claims process for fishing communities on the Gulf Coast.

The protests by American Gulf Coast residents and fishermen, trade unionists in the UK, and environmentalists lasted several hours.

Financial reports indicate that BP's share price remains 30 percent below its level of April 2010, reflecting an enormous drop in value even as the company suffers its first annual loss in almost 20 years.

Many oil rig workers and other offshore workers injured in the BP Deepwater Horizon disaster, along with businesses throughout the Gulf Coast region damaged by the impact of the oil spill, have called upon the attorneys of Arnold & Itkin LLP to assist them in resolving claims against Transocean and BP.

If you or a loved one have been injured in an oil rig or other maritime accident, our goal is to ensure you get the compensation you deserve. We have the expertise to handle maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama.  Contact us using the form on this page if you have any questions regarding a possible maritime injury claim, or call us toll-free at 866-222-2606.

Report Shows Need For Inspection Of Blowout Preventers Throughout Gulf Of Mexico

Engineers who examined the BP Deepwater Horizon oil rig’s blowout preventer for the U.S. Department of the Interior report that a dislodged pipe blocked portions of the device from closing properly.  Eleven people were killed in the resulting explosion in the Gulf of Mexico in April 2010, and millions of gallons of oil spilled into the Gulf and shut down commercial fishing for months.

In light of that finding, Houston maritime injury attorney Jason Itkin called for inspections of blowout preventers on oil rigs throughout American waters.  Itkin challenged the oil industry to prove its claim that the blowout preventers are safe, effective and won’t expose offshore workers to the risk of workplace accident, injury or death.

“An orderly and thorough inspection of every blowout preventer that is currently in use in the Gulf and elsewhere is obviously the next move in light of the engineers’ report to the federal government,” said Itkin, a founding partner of Arnold & Itkin LLP, a Houston maritime law and personal injury law firm that has been deeply involved with the aftermath of the 2010 Gulf oil spill disaster.

“The expense of the inspections cannot be weighed against the protection of lives, the environment and the oil industry itself,” Itkin said.

The Texas maritime lawyers of Arnold & Itkin LLP are working to protect the rights of many Transocean offshore workers and Gulf Coast businesses seeking redress for injuries caused by the BP Deepwater Horizon spill.

Co-founding law firm partner Kurt Arnold agreed.  “The time is now to move forward and protect the thousands of workers who put their lives on the line in the Gulf and other American waters every day to ensure this country’s energy needs are supplied,” said Arnold, himself an experienced maritime accident attorney.

The lawyers at Arnold & Itkin LLP are aggressive maritime accident trial attorneys who understand the complexities and legalities of maritime law.

For a free consultation, call an Arnold & Itkin LLP maritime accident lawyer toll free at (877) 632-8168 or contact us online.

Coast Guard Receives Reports Of Oil In Gulf Of Mexico

The United States Coast Guard reports that on March 19th its Sector New Orleans received notifications of possible pollution that varied in size and location. The Coast Guard's news release states that the largest sighting was described as a dark substance floating on and beneath the surface of the water stretching 100 miles out into the Gulf of Mexico south of Grand Isle.

The Coast Guard Cutter Pompano was deployed and gathered samples, which were analyzed and found to contain only trace amounts of petroleum hydrocarbons, oil and grease.  The results were quantified under the Louisiana Department of Enviromental Quality standards.

The Coast Guard concluded that the dark substance resulted from a tremendous amount of sediment being carried down the Mississippi River due to high water, possibly further agitated by dredging operations.

The Coast Guard also was notified on March 20 that an oily substance was washing ashore on Elmer Isle, Fourchon Beach and Grand Isle.  Coast Guard investigators' early reports indicated that the west end of Grand Isle, the east and west end of Elmer Island, and intermittent areas of Fourchon Beach were affected.  Sheen on the water in Timbalier Bay also was reported, but there was no confirmation of Timbalier Island being impacted, the agency said.

The Coast Guard activated certain oil spill response assets and began pre-staging boom in order to prevent oil from affecting various bays and other environmentally sensitive areas.

The Coast Guard noted that the oily substance was not suspected to be residual oil from the Deepwater Horizon oil spill.

“We have 10,000 feet of hard boom and 9,000 feet of five-inch sorbent boom ordered into the area.  We have 5,000 feet of each boom already delivered and staged in Grand Isle,” said Capt. Jonathan Burton, commanding officer Coast Guard Marine Safety Unit Morgan City and Federal on Scene Coordinator for the response.

A private remediation company had been contracted to begin cleaning up the affected shorelines.

The separate incidents remain under investigation.

The lawyers at Arnold & Itkin LLP are aggressive maritime accident trial attorneys who understand the complexities and legalities of maritime law.

If you or a family member has suffered a maritime injury, call us toll free at (866) 222-2606 or contact us online. We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Resumption of Gulf Deepwater Drilling Demands Focus On Worker Safety

With rising oil prices and political instability in the Middle East threatening world oil supplies, Houston maritime lawyer Kurt Arnold acknowledges the importance of deepwater oil and gas production in the Gulf of Mexico.

But Arnold said oil and gas companies that receive deepwater drilling permits should have improved safety procedures and disaster response plans to protect workers and avoid a repeat of the BP Transocean disaster that killed 11 rig workers last April.

Arnold, a partner in Arnold & Itkin LLP, a maritime accident law firm based in Houston that represents victims of the Deepwater Horizon disaster and Gulf oil spill, admonished that petroleum exploration companies engaged in deepwater drilling should have carefully crafted emergency plans to protect the lives and safety of offshore rig workers.

“We’ve lost too many offshore workers in preventable accidents already,” said Arnold, an experienced maritime injury and BP oil spill lawyer.

A recent Gallup poll, published in USA Today, shows that a majority of Americans favor increased offshore drilling along U.S. coasts. The poll follows the issuance of a second deepwater drilling permit by the U.S. Department of the Interior, allowing drilling crews to resume deepwater oil and gas exploration that had been suspended since the BP Deepwater Horizon disaster last April caused the worst oil spill in U.S. history.

BHP Billiton received a permit March 11 to resume production at its Shenzi facility located about 120 miles offshore of Houma, Louisiana. The issuance of that permit follows approval of an earlier deepwater drilling permit last month allowing Noble Energy, Inc., to resume drilling about 70 miles southeast of Venice, Louisiana, where it had worked before the moratorium.

The Deepwater Horizon incident underscored significant gaps in offshore drilling safety practices and a lack of preparedness by offshore oil and gas companies to contain a deepwater blowout in a timely fashion.

“We need to make sure that government safety standards and worker protections keep pace with technological innovations that allow offshore rigs to work at greater and greater depths,” said Jason Itkin, a Houston maritime lawyer and partner in Arnold & Itkin. “When the safety standards fall behind, rig workers pay the price with the loss of lives or serious injuries."

“Developing reliable deepwater resources and increasing U.S. energy production depends on improved deepwater drilling safety practices and the protection of offshore workers,” Itkin said. “The maritime accident lawyers at Arnold & Itkin are committed to making that happen.”

The maritime accident lawyers at the Houston, Texas-based law firm of Arnold & Itkin LLP provide legal guidance on all aspects of maritime law.  Arnold & Itkin LLP handles maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama. The firm can be contacted toll free at (866) 222-2606 or through its website.

Deepwater Horizon Oil Slicks Created Air Pollution In Addition To Contaminating Land And Sea

A research article in a recent issue of the journal Science sets out the results of an investigation into the atmospheric effects of the environmental tragedy that followed the catastrophic destruction of the BP Deepwater Horizon in April of last year.  The study examined measurements taken by a National Oceanic and Atmospheric Administration-led team, which conducted two flights downwind of the Deepwater Horizon spill areas in June 2010 using one of the agency's "hurricane hunter" aircraft.

Based on the data collected approximately two months after the oil rig’s destruction, researchers discerned two distinct plumes of airborne pollutants in the oil spill's aftermath.  The first was predicted – a narrow, 1.8 mile-wide, downwind plume that consisted of light hydrocarbons.  The second plume, researchers surmised, was formed from heavier compounds that took longer to evaporate.  The secondary plume was bigger than expected at some 24 miles wide, and it contained higher concentrations of aerosol particles than was anticipated.  Those results suggested that the heavier, less volatile crude oil vapors reacted in the atmosphere in a way that contributed to the formation of additional aerosol particles, essentially enhancing the pollution effect.

It’s well-known that air pollution in urban areas similar to that detected in the second Deepwater Horizon oil slick plume can damage the heart and lungs.  This raises the concern whether the airborne pollution in the Deepwater Horizon's aftermath could affect oil spill cleanup workers, who spent significant amounts of time on the water during oil slick cleanup efforts.  Time will tell whether additional health effects surface among such maritime workers as yet another component of the sad legacy of the Deepwater Horizon catastrophe.

Arnold & Itkin LLP maritime accident attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

BP Wants to Pay Less, Oil Spill Commission's Latest Report Details Fault

In a submission to the Gulf Coast Claims Facility, oil giant BP recently challenged the payout rules proposed by the GCCF regarding settlements to those harmed by the oil spill that followed the catastrophic loss of the BP Deepwater Horizon drilling platform.  That final payout methodology proposes compensation of twice the losses suffered by damage claimants in 2010, minus payments already received.

Now, BP says the payment methodology offers too much to those who suffered in the Deepwater Horizon's aftermath.  In a filing posted at the close of the GCCF's two-week public comment period regarding the payment scheme, and which is available at the GCCF's website, BP contends that the payout methodology's key assumptions about future losses are unsupported, whether by actual data or analysis.  That is, BP flatly rejects any assumption that Gulf Coast claimants will suffer losses equaling twice the amount suffered through last year.  BP contends that the likely amount of damages for oil spill claimants falls in the range of only 25 to 50 percent of the claimants' 2010 losses.

That notion runs counter to the observations of many others who have filed comments with the GCCF, many of whom challenge the fund's payments as too small and too long in coming.  (As explained here, it is not necessarily in each claimant's best interest to obtain recovery from the GCCF in exchange for waiving rights to future compensation; each victim of the BP Deepwater Horizon tragedy should consult an experienced maritime attorney before making that decision.)

Just a day after BP's filing, on February 17 the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling released the full report of its Chief Counsel, Fred Bartlit.  While the Commission gave its own final report on January 11, one chapter of that report summarized the results of the investigation by Bartlit's team.  According to the Commission, the Chief Counsel's investigative team unearthed and analyzed far more information than could have been included in the Commission's own report, and so the additional report has been released now in order to provide the fullest possible account of the investigation into the causes of the Macondo well blowout.

Among the many findings in the Chief Counsel's report:  BP was aware of problems with Halliburton personnel and work product years before the Deepwater Horizon blowout; a BP engineering reorganization in early 2010 resulted in delays and distractions for the team drilling the Macondo well; BP's own well site leaders accepted facially implausible explanations for problematic test results on the well; and BP engineers failed to fully review the cement design intended for the Macondo well even though they knew the job would be a difficult one and that Halliburton's engineer was not doing "quality work."

BP's most recent attempt to evade full financial responsibility for the widespread harm caused by last April's drilling disaster stands in stark contrast to the Chief Counsel's ultimate determination:  the failures that gave rise to the Macondo blowout all trace back to an overarching failure of management.  According to Bartlit, "Better management of personnel, risk, and communications by BP and its contractors would almost certainly have prevented the blowout.  The Macondo disaster was not inevitable."

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you or a family member has suffered a maritime injury, call us toll free at (866) 222-2606 or contact us online. We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Advisory Team's Spill Cleanup Findings Give Rise To Concerns

The Gulf Coast Incident Management Team last week released a report issued by its Operational Science Advisory Team (OSAT-2), a group tasked to provide information and advice about the status of residual oil along the Gulf of Mexico shoreline environment in the wake of the 2010 Deepwater Horizon catastrophe.

The advisory team focused on four case study beach areas with representative sensitive habitats that suffered oil contamination in Florida, Alabama, Mississippi and Louisiana.

Key findings in the OSAT-2 report include:

  • Calculated human health effects from short and long-term exposures from remaining oil fall below EPA benchmarks for concern.
  • There exists a minimal risk of oil leaching into groundwater from buried oil due to the combined effects of weathering, biodegradation, and the location of buried oil.
  • Aggressive cleanup beyond established standards may likely threaten overall aquatic and wildlife resources.

Thus the analysis cautions against extended cleanup operations beyond existing guidelines, all with the idea of avoiding additional harm from cleanup efforts directed toward removing diminishing amounts of oil.

The report's recommendation to avoid additional cleanup efforts beyond amounts established in current guidelines raises concerns among some who fear that cleanup operations might be abandoned before they're complete, essentially letting BP off the hook prematurely and threatening the health of both the Gulf Coast beach environment and those who live, work, and visit there.

According to media reports, Louisiana chemist and environmental consultant Wilma Subra cautioned that people and animals could remain exposed to harmful toxins if the beach cleanup effort doesn't go far enough to be complete.

Likewise, a local mayor raised beach communities' concerns about being left "high and dry."  Mayor Tony Kennon, of Orange Beach, Alabama, objected to what he perceived as a sign that BP's cleanup operations were going to end before the task was properly completed.  Mayor Kennon characterized the report as a "get out of jail free" card for BP despite the company's pledge to "clean up the mess."

The consensus does seem to be that the OSAT-2 report signals the encroaching end of cleanup operations, even as those involved in the operations and those persons most affected by the oil spill continue to disagree on whether the cleanup effort has run its full course.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Government Says Blowout Containment Remains Hurdle For New Deepwater Drilling Permits

Responding to oil industry criticism of perceived delays in approvals of deep-water drilling permits after the Obama administration's lifting of a deepwater drilling ban several months ago, the director of the Bureau of Ocean Energy Management, Regulation and Enforcement recently made it known that a primary stalling point is the availability of systems to contain another deepwater blowout in the Gulf of Mexico.

BOEMRE director Michael Bromwich told oil industry executives in a letter, "The most critical missing piece in the process of approving applications for permits to drill in deep water is the demonstration of well control and subsea containment capability."  Bromwich further characterized blowout control and containment systems as critical to moving forward with safe and responsible deepwater drilling activities.

Exxon Mobile is leading a coalition of companies working on a system intended to perform crude oil containment and collection as deep as 10,000 feet below the surface of the ocean.  According to the company, its group is focusing on finalizing an interim design to be put into use in the near-term, while a final and expanded containment system would remain in the works for deployment later.

According to one media report, the Exxon-Mobile collaboration, known as Marine Well Containment Co., represents but one effort toward development of a new containment system that would satisfy federal government requirements.  The work by MWCC is aiming toward a system that would contain 100,000 barrels per day using a variety of components, including equipment derived from that utilized by BP in responding to the damaged Deepwater Horizon Macondo well in 2010.  Another effort is being carried out by Helix Energy Solutions Group.  Helix indicated to media that its containment system is ready to be deployed, with a capacity of handling up to 55,000 barrels per day at depths of as much as 8,000 feet.

While the delay in issuance of deepwater drilling permits reportedly is causing some economic difficulties for oil companies large and small, caution remains appropriate in light of the horrific consequences of the tragic loss of the BP Deepwater Horizon, resulting in the largest accidental oil spill in American history.

If you or a family member has suffered a maritime injury, call us toll free at (866) 222-2606 or contact us online. We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

Gulf Study Admits Serious Uncertainties In Predicting Oil Spill Recovery

Gulf Coast Claims Facility administrator Kenneth Feinberg recently released a report that he commissioned to predict the Gulf of Mexico's recovery in the aftermath of the now-infamous BP Deepwater Horizon catastrophe – the largest marine oil spill in American history.  The report, prepared by Dr. Wes Tunnell of the Harte Research Institute (HRI) for Gulf of Mexico Studies at Texas A&M University-Corpus Christi, estimates that certain targeted commercial fish and other species in the Gulf region will fully recover from the horrendous disaster in 2012, with a 30 percent recovery by the end of this year and full recovery by the end of next year.

Dr. Tunnell's report is particularly important because it is a key component of the GCCF's scheme to issue final payments to businesses and individuals who have suffered damages because of the Deepwater Horizon oil spill.

According to Feinberg, and as described in more detail in the GCCF's proposed "Final Payment Methodology," most oil spill victims will be allocated lump-sum payments representing twice their documented damages for 2010.  That amount rises to four times actual documented losses for oystermen, based on concerns that oyster bed recovery may take up to ten years.

Prompt monetary relief to oil spill victims is a commendable goal, but it is not necessarily in each claimant's best interest to obtain recovery from the GCCF in exchange for waiving rights to future compensation.  Each victim of the BP Deepwater Horizon tragedy should consult an experienced maritime attorney before making that decision.

This is particularly true in light of the ongoing uncertainty about the Gulf's recovery.  The GCCF report is itself replete with cautions and caveats about the unpredictable nature of maritime oil spill recovery processes.

It is noteworthy, as well, that even as Feinberg released the report prepared by Dr. Tunnell, media reports reflected that plaintiffs' counsel on the Deepwater Horizon multidistrict litigation steering committee have challenged the report's conclusion on the speed of the Gulf's recovery as contrary to a majority of expert opinions to date.

In addition, Feinberg has been criticized for not being independent of BP in the claims administration process, as exemplified in requests by state attorneys general seeking federal court supervision over aspects of the GCCF claims process.

Still others wonder whether the Gulf's recovery could experience a dramatic setback, as happened in the case of Pacific herring after the Exxon Valdez oil spill in Alaska.  In that case, fishermen were able to continue harvests of herring for three years after the oil spill, when the herring population suddenly crashed and the fish essentially disappeared from Prince William Sound.

In the case of the Gulf, only time will tell the true extent of the impact of the Deepwater Horizon oil spill on the maritime environment.

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If you have questions about a maritime injury claim, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Mariner Advocacy Group Encourages Formal Inspection Program For Tow Vessels

The National Mariners Association, a non-profit organization which describes its mission as improving the safety, health and social stability of American mariners, has released an update to its earlier report on the state of "inspection" requirements for domestic towing vessels.  The report, entitled "Examination" of Towing Vessels Is Not "Inspection" - The Background Of The Towing Vessel "Bridging" Program, sets out the recent history of towing vessel safety regulations and enforcement and urges the final adoption of a mandatory inspection program.

The Association's report makes particular note of the United States Coast Guard's Cooperative Towing Vessel Examination Program (CTVEP), under which vessel owners could receive decals if their tow vessels passed Coast Guard examinations, and such vessels generally would not be boarded by Coast Guard personnel unless they later became involved in a serious accident or otherwise demonstrated a flagrant violation of law.  According to the Association, however, the program never came to fruition as a widespread and effective means of safety improvement.

In July 2009, the Coast Guard announced its Towing Vessel Bridging Program (TVBP), which was adopted to ensure that the agency and the industry were prepared for impending new inspection requirements.  According to the Association's report, this was, in essence, a revitalization of the CTVEP, under which vessel owners could arrange voluntary Coast Guard examinations.  The current requirements for uninspected towing vessels are set out in a comprehensive Coast Guard publication.

Now, in keeping with § 701(c) of the Coast Guard Authorization Act of 2010, which was signed into law on October 15, 2010, there is to be a notice of proposed rulemaking regarding inspection requirements for towing vessels, with a final rule issued no later than one year from the Act's date of enactment.

Although expressing skepticism about the Coast Guard's ability or willingness to timely achieve final adoption of formal inspection regulations through its parent agency, the Department of Homeland Security, the Association urges towing vessel officers to (1) ensure their compliance with existing regulations and (2) prepare for issuance of new inspection requirements.

As the Association notes, "All of the good practices the Coast Guard has suggested during their vessel examinations probably will be required by the new regulations."

Hopefully those efforts will result in a safer working environment for mariners aboard towing vessels, with attendant improved safety for those who live and work on the country's commercial waterways.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Maritime Advisory Committee Charter To Be Re-Established

Secretary of Labor Hilda L. Solis has announced that she will re-establish the charter of the Occupational Safety and Health Administration's (OSHA) Maritime Advisory Committee for Occupational Safety and Health (MACOSH).

MACOSH was established in early 1995 to provide guidance to OSHA's Assistant Secretary, recognizing that the maritime workplace, which presents complex and sensitive issues, warranted special attention due to high injury and illness rates and the specialized nature of some occupations.

MACOSH is intended to address the concerns of the entire maritime community, focusing on the shipyard and marine cargo (longshoring) handling industries.  Its specific objectives are to make recommendations on safety and health issues related to: (1) reducing injuries and illnesses in the maritime industries, (2) improving OSHA outreach and training programs through the use of innovative partnerships, and (3) expediting the development and promulgation of OSHA maritime standards.

MACOSH is comprised of 15 members selected to provide diversity and balance, both in terms of segments of the maritime industry represented (e.g., shipyard employment, longshoring, and marine terminal industries), and in the views or interests represented by the members.

The lawyers at Arnold & Itkin LLP are aggressive advocates who understand the complexities and legalities of maritime law and have a successful track record of verdicts and settlements. If you or a loved one have been injured in a maritime accident, call us toll free at (866) 222-2606 or contact us online. We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

BP Shares Rise Despite Long-Term Uncertainty About Oil Spill Effects

BP has continued to see gains in its share price even as its Gulf Coast beach cleanup effort winds down and uncertainty remains about the long-term effects of April's enormous Deepwater Horizon oil spill.

BP's late-2010 "deep cleaning" project, intended to remove buried oil tar from Gulf Coast beaches in the aftermath of the Deepwater Horizon catastrophe, is approaching an end as the industrial scouring of shoreline sands covers its last remaining miles.  According to media reports, BP elected to employ heavy equipment, using industrial diggers, conveyor systems, dump trucks, and other machinery to process tons of beach sand through screens intended to filter out buried tar balls.  The work raised concerns about new environmental damage even as some expressed doubt about its efficacy, noting that BP itself admits new tar balls continue to come ashore even now.

While the controversial deep-cleaning effort winds down, BP's valuation in the market is on the upswing.  Speculation that Royal Dutch Shell might be interested in a merger with BP, together with recent comments by Gulf Coast Claims Facility administrator Kenneth Feinberg, may have led to a recent jump in BP's share price.  Feinberg recently expressed optimism that only half the $20 billion allocated to the Deepwater Horizon compensation fund might be required to satisfy claims for economic losses associated with the devastating oil spill.  Still, Feinberg was careful to distance himself from the legal actions pending against BP, which could result in substantial damage awards.  Additional cleanup costs would come from the fund, as well, making BP's final remediation liability unknown.

Meanwhile, the long-term damage to those who live and work along the Gulf Coast, as well as the Gulf of Mexico marine environment, remains uncertain.  Fishermen in waters off Florida offer anecdotal reports of reduced catches which they blame on oil pollution from BP's Macondo well, while oeanographers and other scientists express continued concern about the harmfulness of even low levels of petroleum contamination in the water column and on the Gulf seabed.  The latter, in response to a mid-December U.S. Coast Guard report indicating that no further offshore cleanup is warranted based on federal government scientists' findings that oil quantities in the water have dropped below harmful levels.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Study Cautions On-Shore Refineries Face Accident Warnings Similar To Those Ignored By BP

According to a study report released in mid-December, oil refineries in the Gulf Coast state of Louisiana suffer a pattern of frequent accidents and other warning signs similar to those ignored by BP in advance of April's Deepwater Horizon catastrophe.

The study's authors reviewed some 2,600 accident reports submitted by the 17 refineries operating in Louisiana from 2005 to 2009.  The reports, sent to the Department of Environmental Quality, reflect an average of 10 chemical accidents each week throughout the five-year period.  Weather and equipment failures were cited as the leading causes of accidental emissions of chemical pollutants to the air and to the ground or water.

The study report, entitled Common Ground II, is the second publication of the Refinery Efficiency Initiative, a collaboration of the Louisiana Bucket Brigade, the Environmental Working Group, the United Steelworkers Union, and others, including community groups located in parishes where refineries are situated.

The study's findings include:

  1. Refinery accident data is underestimated.
  2. Accident reduction is an opportunity for job creation and economic growth.
  3. Refineries do not have sufficient storm and hurricane preparedness plans.
  4. Refineries are not being thorough in their investigations of the accident causes.
  5. Management trends — including laying off workers and deferring maintenance — may result in short-term profits for the parent corporation but are generally making refineries more dangerous.
  6. ExxonMobil’s two Louisiana refineries (Baton Rouge Refinery and Chalmette Refining) had the most frequent accidents and the largest emissions from accidents.
  7. The refining industry is not capitalizing on the opportunity to collaborate to solve the accident problem.

An oil company's failure to manage safety raises particularly serious risks for workers, public health, and the environment.  The unfolding lessons of the BP Deepwater Horizon tragedy offer a grim reminder of the grave harms that can result, whether on land or at sea.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Efforts Continue Toward Gulf Coast Recovery

Agencies and officials of the federal government continue administrative and research efforts toward the long-term recovery of the Gulf Coast ecosystem after the Deepwater Horizon tragedy.

Primary among the recent efforts are a September report issued by former Mississippi Governor and current Secretary of the Navy Ray Mabus, and the establishment in October of the Gulf Ecosystem Restoration Task Force.

The Mabus Report, entitled America's Gulf Coast, A Long Term Recovery Plan after the Deepwater Horizon Oil Spill, offers a plan that encompasses five areas deemed critical to the Gulf region's long-term recovery:

  1. Proposal to Congress to Dedicate Clean Water Act Civil Penalties to the Gulf Coast
  2. Long‐Term Ecosystem Restoration
  3. Health and Human Services Recovery
  4. Economic Recovery
  5. Nonprofit Sector Recovery

Among other things, the report recommends the establishment of a Gulf Coast Recovery Fund under the management of representatives from all levels of national, state, and local government, with funding from fines imposed against responsible parties in the BP Deepwater Horizon disaster.

The Obama administration established by executive order on October 5th the Gulf Coast Ecosystem Restoration Task Force, chaired by EPA Administrator Lisa Jackson.  The task force's mission is to coordinate efforts to implement restoration programs and projects in the Gulf Coast region, according to the White House.  The task force also will coordinate with the Department of Health and Human Services on public health issues and with other federal agencies on ways to enhance the economic benefits that ecosystem restoration will bring to the region.  John H. Hankinson, Jr., was shortly later named as the task force's executive director. President Obama appointed Mimi A. Drew, Dave Stewart and Garret Graves as state representatives to the Gulf Coast Ecosystem Restoration Task Force.  The White House announced that Drew is currently the Secretary of the Florida Department of Environmental Protection, Stewart is the chief of staff to Alabama Gov. Bob Riley, and Graves is chairman of the Coastal Protection and Restoration Authority of Louisiana, the White House.

On the legislative side, various acts also have been proposed in the U.S. House of Representatives and the U.S. Senate that would impose a civil penalty for Gulf of Mexico oil spills, and require that the bulk of penalties imposed against BP for oil spill damages pursuant to the federal Clean Water Act be set aside for Gulf Coast environmental and economic recovery efforts.

Most recently, the Federal Interagency Solutions Group issued a peer-reviewed report detailing the scientific calculations underlying the Deepwater Horizon Oil Spill "Oil Budget Calculator."  The calculator seeks to determine what portions of the oil discharged by the BP Deepwater Horizon well were recovered, dispersed, evaporated or otherwise remediated, and how much remains in the Gulf environment.  The report is largely consistent with early analysis results released by the federal government.  According to those involved, the most significant change is a doubling of the expected amount of oil classified as “chemically dispersed” — revised from 8% to an estimated 16% with a possible range of between 10% and 29%.

The oil budget analysis is intended to provide critical guidance for continued recovery efforts in the Gulf.  The necessity of that information became apparent, once more, in late November.  On November 24, "out of an abundance of caution," NOAA closed 4,213 square miles of Gulf of Mexico federal waters off Louisiana, Mississippi, and Alabama to royal red shrimping. According to the agency, the precautionary measure was taken after a commercial shrimper, having hauled in his catch of the deep water shrimp, discovered tar balls in his net. The tar balls found in the catch may have been entrained in the net as it was dragged along the seafloor. The tar balls are being analyzed by the U.S. Coast Guard to determine if they are from the Deepwater Horizon/BP spill.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Oil Spill Commission's Withdrawn Slide Identified Risky Deepwater Horizon Decisions

According to media reports, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling withdrew a revealing slide originally intended for a scheduled presentation in November.  The November proceeding was a chance for the panel to present tentative findings as part of its ongoing investigation into the causes of the Deepwater Horizon calamity.

The withdrawn slide, obtained by Greenwire, indicated that the companies BP, Halliburton, and Transocean made a series of decisions that enhanced risks associated with the Deepwater Horizon's drilling operations, and that the decisions were made in order to save time.  The rig's drilling effort reportedly was behind schedule at the time and was costing some $1.5 million per day.

The findings reflected on the slide were inconsistent with earlier statements by chief counsel to the Commission, Fred Bartlit.  In a prior presentation, Bartlit stated that workers involved in the drilling project, both onshore and on the Deepwater Horizon platform, did not take shortcuts on safety as a means to save money on the expensive oil exploration effort.

A representative of the National Commission stated that the withdrawn slide was removed from Bartlit's presentation at the last moment because it was still subject to review by the commissioners.  Apparently the item was uploaded to the National Commission's website for a time, but later was removed.

The slide, entitled "Various Decisions That May Have Increased Risk," notes that ten of eleven identified decisions were riskier than proceeding in an alternative way, while the other decision "possibly" was riskier.  The slide notes, too, that nine of the risky decisions "saved time" versus the alternative.  All of the decisions, according to the slide, were unnecessary.

The risky and unnecessary decisions, as cited on the National Commission's slide, include:

  1. Not waiting for more centralizers
  2. Not reevaluating cement slurry design
  3. Not waiting for foam stability results
  4. Not running diagnostics on float equipment to ensure conversion or seal
  5. Using combined spacer and not flushing from system
  6. Displacing mud from riser before setting plug
  7. Setting cement plug 3000 feet deep in seawater
  8. Not running cement evaluation log
  9. Not installing additional plugs or barriers
  10. Undertaking simultaneous operations could confound kick detection
  11. Bypassing pits and flow out meter during displacement

In the aftermath of the April disaster, the various companies implicated in the Deepwater Horizon tragedy have sought to shift blame amongst themselves for the bad decisions that preceded the oil platform's horrific destruction, with the attendant loss of life and injury to many workers.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Transocean Resists Disclosure of Certain Safety-Related Documents

Transocean Balks At Document Production

In a new civil proceeding filed by the United States, the federal government has petitioned for enforcement of an administrative subpoena issued against Transocean Holdings, LLC, and related parties.  The subpoena was issued in October by the Joint Board of Investigation of the United States Coast Guard and the Bureau of Ocean Energy Management, Regulation and Enforcement.

In its petition, the government seeks to compel Transocean to produce two categories of documents related to safety audits on Transocean vessels in the Gulf of Mexico.  The Joint Board of Investigation has issued a total of three subpoenas to Transocean for the production of these and other documents related to its investigation.  According to the government, "Transocean responded to [the first two] subpoenas with objections and produced no documents."  Transocean's response to the government's third subpoena gave rise to the instant petition, filed on November 23 in the United States District Court for the Eastern District of Louisiana.

In particular, Transocean responded to certain categories of materials sought in the most recent investigatory subpoena, but it produced no documents as to two categories of materials requested.

Thus the government now seeks an order requiring the company to divulge:

  • all documents relating to the last  ISM audit report for all Transocean vessels that operated in the Gulf of Mexico at the time of the casualty, and
  • the external audit(s) of the Safety Management System (ISM), including but not limited to an initial audit in 1998, two 5-year recertification audits in 2003 and 2008, and four interim audits in 2001, 2004, 2007 and 2010.

The government maintains that those safety reports are relevant to the Joint Board of Investigation's inquiry, the materials are lawfully subject to subpoena, and the subpoena issued by the Joint Board falls squarely within the scope of the Board's authority pursuant to its Congressionally mandated investigation of the explosion, fire and oil spill involving the Deepwater Horizon.

Transocean Uncooperative On Other Fronts

According to media reports, other investigations into the Deepwater Horizon tragedy are running into similar difficulties in obtaining information.  A federal investigation by the U.S. Chemical Safety Board, for instance, has been slowed by a lack of cooperation on the part of Transocean employees.  Apparently Transocean and attorneys for the subpoenaed workers maintain that the CSB lacks jurisdiction to investigate the Deepwater Horizon catastrophe.

The United States Department of Justice also has opened a criminal investigation into events surrounding the loss of the Deepwater Horizon.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606

Study Reveals Seafloor Contamination In Deepwater Horizon's Aftermath

Scientists studying the Gulf of Mexico in the aftermath of the Deepwater Horizon oil rig catastrophe have found evidence that crude oil from the subsequent spill remains spread across many square miles of seafloor.  Much of the disastrous oil pollution on the surface and in the water column appears to have been consumed by ocean bacteria in the months since the breached well was sealed.  The situation appears to be far different on the seafloor, however.

As noted in online coverage of the environmental issues created by the Deepwater Horizon's destruction, Dr. Vernon Asper, professor of marine science at the University of Southern Mississippi, and his colleagues have analyzed seafloor core samples at various distances from the Macondo well.  The samples were retrieved by Dr. Smantha Joye, professor of marine sciences at the University of Georgia.

Core samples taken within approximately 50 miles of the well revealed a stratified composition, with old seafloor mud at the bottom, a middle layer presumed to be oil, and then a two-inch thick layer of a gooey substance on top that Dr. Asburn calls "slime snot."  Core samples taken at greater distances from the well revealed some oil pollution, while those taken farthest from the well brought up only unpolluted mud.

The concern is that the "goo" spread around the former well will suffocate the seafloor flora and fauna.  This, in turn, would affect the overall food chain, with a potentially significant impact on the Gulf ecosystem.  Dr. Asper noted in the online coverage that the destructive effects of the mat of goo covering the seafloor could include the starvation of deep-diving creatures, such as sperm whales, that feed on organisms which normally reside in the seafloor environs.

Dr. Joye published photos and descriptions of representative core samples in September, shortly after the samples were taken.

Study of the never-before-seen seafloor goo continues in an attempt to discern its definite source, its fate, and its effects on the marine environment.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Ports Move To Offer Cold Ironing For Cruise Vessels

Tourist cruise vessels resemble floating cities, with all the attendant power demands of onboard systems for lighting, air conditioning, and heating.  While at sea, those power demands are met by a cruise ship's diesel generators.  Those generators, however, can produce significant amounts of soot, greenhouse gases, and other emissions routinely found in diesel exhaust.  The emissions can be of particular concern while a cruise vessel is docked in port, where meeting the vessel's energy requirements means local air quality can suffer as the generators remain in operation while the ship is otherwise idled, essentially operating as a shore-side hotel.

One strategy being adopted at U.S. ports and abroad is that of "cold ironing," or connecting a vessel's onboard electrical system to shore power.  The practice is underway on the west coast at the Port of Seattle and, most recently, San Francisco.  Cruise terminals in Southern California (Los Angeles and San Diego), Florida and New York likewise have plans to implement cold ironing at their cruise ship terminals, and indeed the state of California has imposed regulations mandating cold ironing of covered vessels over the next few years.

The benefits of cold ironing include not only improved air quality in the port environment and adjacent population areas, but also reduced energy consumption as vessels tap into energy produced more efficiently by large-scale power facilities.  Costs can be higher, however, as diesel continues to offer cheap energy in relation to onshore power.  In addition, cruise companies incur costs in retrofitting ships to be compatible with on-shore electricity.

In San Francisco's case, though, port authorities priced the on-shore power to be less expensive than typical costs for operating onboard power systems on diesel, thereby creating a financial incentive for cruise operators to take advantage of the more attractive power option.  The San Francisco shoreside power also results in zero air emissions because the energy for idled cruise ships is supplied by hydroelectric power.  San Francisco comes out ahead economically in light of the tourist dollars spent in the locale while cruise vessels remain in port.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Transocean's Settlement Offer Another Disappointment

In September, Transocean Deepwater Drilling, Inc., sent a disappointing letter to those of its employees injured in April's horrific destruction of the Deepwater Horizon oil rig, and who had not yet returned to work or obtained legal representation.  While Transocean claimed to be thinking of its workers and their welfare, it at the same time gave notice that the workers were soon to receive maritime law maintenance and cure benefits, apparently in place of the full salaries that the injured employees continued to receive in the months after the April catastrophe.  The disappointment and hypocrisy surrounding that development was widely recognized, as here.

Transocean's letter went further, however, offering a settlement to the injured workers:  "a lump sum in an amount equivalent to six months of your gross salary (excluding factors such as market premium and travel pay), in exchange for the execution of a release."

Houston maritime attorney Kurt Arnold, a partner in the law firm of Arnold & Itkin LLP, challenged the timing of Transocean's acts.  "All of this is calculated to pressure the families to settle quick and cheap," Arnold said.

Transocean's injured Deepwater Horizon workers deserve treatment significantly better than that reflected in the company's September settlement offer.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Arnold & Itkin Maritime Attorneys Welcome BP Waiver Of Damages Cap For Some Oil Spill Claims

Texas maritime attorneys at the Houston law firm Arnold & Itkin LLP were pleased to learn of BP’s recent announcement that it is waiving a $75 million cap on liability for some claims resulting from the Gulf of Mexico oil spill.

According to its attorneys, BP always intended to pay legitimate economic damage claims, even in some cases where the damages exceed the statutory limitation on liability as established by the 1990 Oil Pollution Act, according to Associated Press reports.

“This filing puts the company on record and clears up some ambiguity concerning BP’s intentions regarding the cap and its liability for the disastrous situation resulting from the oil spill in the Gulf,” said Jason Itkin, a partner in Arnold & Itkin LLP.

Tony Hayward, former BP chief executive officer, said previously that the cap would not stop the company from paying legitimate claims resulting from the disastrous oil spill.

“This tragedy should be a lesson for energy companies,” said Arnold & Itkin lawyer Kurt Arnold. “Drilling in deepwater is dangerous work, and preventing offshore oil rig accidents and protecting platform workers should be the first priority of everyone involved in the process.”

For more information, please visit:

Jones-Act-Maritime-Lawyer.com and LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Arnold & Itkin Attorneys Condemn Transocean Decision To End Full Wages For Injured Workers

In a mid-October court filing, Transocean Ltd. declared that it may discontinue full wages and benefits to crew members injured in April's Deepwater Horizon oil rig disaster. The company already had sent letters to crew members offering to settle claims for six months pay. Those same letters informed the workers that their salaries would be substituted with maritime law "maintenance and cure" benefits of some $375 every two weeks, or little more than $25 per day.

Houston maritime attorney Kurt Arnold was stunned by the company's apparent intent to cut its injured workers' salaries and benefits only six months after the catastrophic destruction of the oil rig. The accident resulted in the deaths of eleven crew members and serious injuries to many others.

"It's appalling that this company, which has already caused so much damage and suffering, would now take men who made $10,000 to $15,000 a month and cut their salaries to $25 a day," said Arnold, a partner in the Houston maritime law firm of Arnold & Itkin LLP. The firm represents about 25 of the injured Transocean workers. "These workers don't deserve this type of treatment," Arnold admonished.

Arnold noted further that cutting the employees' pay "will only add to the suffering of these workers and their families." As he observed, "It doesn't take too many months of missing your salary before you have trouble paying your bills."

Arnold challenged the timing of Transocean's announcement and its letters asking injured workers to settle their claims in exchange for an agreement not to sue. "All of this is calculated to pressure the families to settle quick and cheap," Arnold said.

Jason Itkin, also a partner in Arnold & Itkin LLP, characterized Transocean's decision to slash injured workers' salaries as another example of the company saying one thing and doing another. Shortly after the horrific accident aboard the Deepwater Horizon, Transocean's president and CEO, Steven L. Newman, said in a released statement that the company's "first commitment has always been and will continue to be the safety and well-being of our people." The company's current plan to cut the workers' salaries to $25 per day was "very hypocritical," in Itkin's opinion.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Survey Reports On Gulf's Health

The Associated Press announced the results of an informal survey taken among almost three dozen scientists who are working to determine the near- and long-term effects of the Deepwater Horizon oil spill on the overall health of the Gulf of Mexico.  According to the scientists, the Gulf did suffer an overall impact from the spill, but no single component of the marine ecosystem suffered an immediate, devastating hit from the polluting oil.  The scientists are still waiting to learn the ultimate effects of the enormous spill.

According to the AP's report, scientists studying the Gulf are focusing now on the lower water column and the sea floor.  Oil discovered on the sea floor, which has not been linked definitively to BP's oil spill, is believed to have inundated the bottom-dwelling animal and plant life, with tragic consequences.

Whether individual species of marine life suffer a large-scale die-off remains to be seen. Scientists interviewed in the AP's survey also expressed concern about more subtle, lingering effects that might yet appear, including genetic mutations and environmental stresses that could undermine species in the Gulf over time.

All who live along the Gulf Coast and work in Gulf of Mexico maritime trades hope the Gulf's resilience has not been overtaxed in the Deepwater Horizon tragedy.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLP, or call the maritime law office of Arnold & Itkin LLP toll free at 866-222-2606.

Arnold & Itkin LLP Supports Decision To Lift Moratorium On Deepwater Drilling

Texas maritime lawyers Kurt Arnold and Jason Itkin were pleased to learn of the federal government's recent decision to lift the moratorium on deepwater drilling in the Gulf of Mexico.  While lifting the ban was critical for idled offshore workers in the Gulf, attorneys Arnold and Itkin also welcomed a greater focus on worker safety on offshore rigs to prevent loss of life.

“When energy companies actually return to drilling in deepwater, exploration for offshore oil and gas will still remain dangerous work,” said Arnold, a partner in Arnold & Itkin LLP, a Houston law firm that represents offshore workers injured in maritime-related personal injury accidents. “Preventing offshore oil rig accidents and protecting platform workers should be the first priority.”

The Obama administration announced Tuesday that it is lifting the moratorium on deepwater drilling that was imposed after the BP Deepwater Horizon exploded in April, killing 11 workers and spilling millions of barrels of oil into the Gulf.  The decision to lift the moratorium, which affected 33 deepwater drilling rigs in the Gulf of Mexico, came several weeks ahead of schedule.

Far too many Gulf Coast workers have already lost their lives and suffered serious injuries as a result of negligence in offshore oil operations.

Maritime Attorney Jason Itkin

Before returning to deepwater drilling, oil companies will have to submit applications showing that they have met tighter federal standards for well design, blowout prevention, safety certification and worker training.

Maritime lawyer Jason Itkin, a partner in Arnold & Itkin LLP, observed that "More safety inspectors are needed to make sure the industry sticks to the new rules and to spot lax safety procedures before they become tragedies.”

In announcing the decision to unfreeze deepwater drilling, U.S. Secretary of the Interior Ken Salazar said there had been significant progress in recent months to enhance the safety of future drilling operations. In addition to the new drilling safety rules, Salazar said he anticipated the Bureau of Ocean Energy Management would propose rules for additional safety measures including redundant ramshears, remote activation of blowout preventers and additional instrumentation and sensors on blowout preventers.

Arnold & Itkin LLP handles maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama. The firm can be contacted toll free at (866) 222-2606 or through its website.

Houston Ship Channel Reopens After Emergency Closure

The Houston Ship Channel reopened to all maritime traffic early on October 6th, three days after a barge accident closed about half of the 52-mile channel.  The tug Safety Quest, transporting three barges, struck a high-voltage electricity tower situated on an island in the middle of the channel. The allision caused the tower to lean over the waterway, imperiling traffic below.

The crippled tower was stabilized with the assistance of a crane known as "Big John," one of the largest of its type in the nation.

With the tower held in place, crews dispatched by its owner, CenterPoint Energy, were able to begin work removing the high-voltage power transmission cables, clearing the way for the Houston Ship Channel's eventual reopening for commerce.

The U.S. Coast Guard estimated that the closure resulted in a loss of some $320 million per day as three-fourths of the terminals at one of the country's busiest ports were idled. Thus the entire episode could have caused nearly $1 billion in economic loss.

Port officials noted that some vessels were able to divert to other ports along the Texas Gulf Coast after the Houston Ship Channel was declared closed. Traffic figures for the port reflect that an average of 30 to 40 vessels transit the channel each day. Media reports indicate that some operations, such as container vessel activities, were not affected by the closure.

Refineries in the area reported that they were not significantly affected by the traffic shutdown because they had enough supply to operate normally for several days. Crude oil recipients at the channel include Exxon Mobil, Shell, Royal Dutch Shell, and Valero.

The Safety Quest had a crew of six. No injuries from the incident were reported.

Arnold & Itkin LLP attorneys serve clients in Texas and throughout the nation, handling maritime injury and many other types of complex cases.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

New Offshore Drilling Rules Announced By Department of Interior

The U.S. Department of the Interior on Thursday announced two new rules intended to improve the safety of offshore oil and gas operations. Secretary of the Interior Ken Salazar announced the rules in a presentation in Washington, explaining that “Under these new rules, operators will need to comply with tougher requirements for everything from well design and cementing practices to blowout preventers and employee training. They will also need to develop comprehensive plans to manage risks and hazards at every step of the drilling process, so as to reduce the risk of human error.”

The new rules are comprised of the Drilling Safety Rule and the Workplace Safety Rule.

The Drilling Safety Rule was issued under an emergency rule-making process and takes effect immediately. According to the government, among other things it prescribes proper cementing and casing practices and other aspects of drilling to maintain well bore integrity, and it strengthens oversight of blowout preventer and other mechanisms designed to shut off the flow of oil and gas in an emergency.

The Workplace Safety Rule requires operators to have in place clear and comprehensive procedures for identifying, resolving, and responding to hazards in the offshore drilling environment. Already under consideration before the Deepwater Horizon tragedy, the rule makes mandatory American Petroleum Institute Recommended Practice 75, which includes 13 primary elements governing various aspects of the work environment and procedures to be employed in offshore drilling efforts.

The Independent Petroleum Association of America and others in the petroleum industry pushed for removal of the deepwater drilling moratorium in light of the new regulations.  Secretary Salazar defended the administration's moratorium, criticizing those who wanted to "go back to business as usual" and forget about the tragic events in the Gulf of Mexico earlier this year.

If you have questions about a maritime personal injury claim, contact Arnold & Itkin LLP's maritime attorneys toll free at (866) 222-2606 or online through the firm's website.

Deepwater Horizon Tragedy Transitions To New Phase

The final "kill" of the breached Deepwater Horizon Macondo well in September marked a milestone in the ongoing transition from maximum emergency response efforts to studied analysis of the event's import.  Now, much activity at the well site and in the surrounding Gulf of Mexico waters is focused upon learning from the horrific accident, as academic and government scientists study the effects of the tremendous release of petroleum into the marine environment.  At the same time, behind-the-scenes developments continue their own transition, with damages claims arising from the catastrophe advancing in the courts while states tally their own recovery costs for payment by petroleum giant BP.

As to the overall effects of the huge volume of oil and gas released into the Gulf of Mexico by the ruptured Macondo well, Federal On-Scene Coordinator Rear Admiral Paul Zukunft explained in a September 28 press briefing (transcript;audio) that the current effort is "to verify with the best of science what is in that water column, what is in the sea floor, down to depths up to and exceeding 5,000 feet integral to this oil spill response." To that end, research is underway in a coordinated effort between government and academic personnel.  Scientists working on the study effort include those from the University of California-Santa Barbara, Texas A&M University, the U.S. Geological Survey, East Carolina University, the California Institute of Technology, and Woods Hole Oceanographic Institute.

Meanwhile, litigation arising from the Deepwater Horizon oil spill continues its advance in federal court, with the announcement of the appointment of a special master in the Multi-District Litigation proceedings and a request by the district court that counsel consider the feasibility of conducting "bellwether" or test trials by the spring or summer of 2011. A trial to determine issues of liability and allocation of fault currently is scheduled for October 2011.

For their part, the state governments of Florida, Mississippi, Louisiana, and Alabama are attempting to work out how much they can claim from BP in damages as they continue their own oil spill response efforts. The federal government, too, is expected to recover billions of dollars from BP as penalties, some levied for violations of the Clean Water Act, for instance. That prospect has led to discussions about how the penalties would best be applied.

On a separate front, a presidential oil spill commission conducted hearings this week in Washington to consider the Deepwater Horizon catastrophe, focusing on the cause of the disaster, the scope of oil and gas releases before the Macondo well was killed, and how the government and industry might better respond to such catastrophes in the future.

For additional information on all of these post-Deepwater Horizon efforts among private litigants, state and federal agencies and officials, academic institutions and scientists, and oil and gas industry representatives, please visit Arnold & Itkin LLP's coverage at GulfCoastMaritime.com.

The maritime attorneys at Arnold & Itkin LLP remain proud to represent maritime workers who have been injured on the job. For more information, please visit

Jones-Act-Maritime-Lawyer.com and LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free 877-398-4972.

Offshore Drilling Safety Subject to Scrutiny In U.K.

British lawmakers questioned leading oil industry executives in mid-September after the release of disturbing reports by Britain’s safety regulator, the Health and Safety Executive (HSE).  At issue was whether the U.K. should consider a deepwater drilling moratorium in the North Sea, much like that imposed by the United States in the Gulf of Mexico earlier this year.  Rather than imposing such a moratorium, the British government earlier opted to heighten inspection practices in the North Sea, allowing oil production and drilling to go forward in the meantime.


The backdrop to the British inquiry included the Deepwater Horizon catastrophe, reports from the HSE reflecting  problems in BP’s emergency response chain of command, a litany of safety warnings from the agency to BP and other oil companies operating in the North Sea, and the safety agency’s most recent analysis of accident statistics in the North Sea oil industry.


As recently as last month, for instance, the HSE issued a warning to oil companies in general concerning North Sea accidents.  The agency cited accident figures compiled for 2009 to 2010, noting that while no workers had been killed during regulated activities for three years, the “combined fatal and major injury rate” almost doubled from the period in 2008 to 2009.  Steve Walker, head of the HSE’s offshore division, observed that 17 workers had died in other offshore-related travel incidents.  And while the overall numbers of injuries and incidents was low, Walker chastised the industry for allowing the fatal and major injury rate to skyrocket.  Walker expressed additional disappointment that major and significant hydrocarbon leaks were up by more than a third since the previous year.


Malcom Webb, chief executive of Oil and Gas UK, dismissed calls for a moratorium or for the establishment of a European regulatory authority.  Webb and other industry representatives asserted the safety of their operations, and their interest in protecting workers.

 

For more information on this topic, please visit GulfCoastMaritime.com.

If you have any questions regarding a maritime incident or have suffered a maritime injury, please
contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 877-398-4972.

BP's Deepwater Horizon - Five Months To Final Kill

In a statement released on September 16, National Incident Commander Admiral Thad Allen announced apparent success in a final effort to intercept BP's Macondo well with a relief well.  According to Admiral Allen, various indicators, taken together, gave confidence that the intercept had been completed.

Three days later, Admiral Allen confirmed that a bottom kill of the well was successful after cement was pumped into the well annulus, with the result that "the Macondo well poses no continuing threat to the Gulf of Mexico."

The Macondo well breach and associated Deepwater Horizon disaster left much-publicized misery in their wake.  Those still suffering from the resulting environmental and economic havoc expressed little joy when news of the "final kill" was released.

In addition to killing and injuring workers aboard the Deepwater Horizon drilling platform, the well blowout resulted in over 4 million barrels of oil being released into the Gulf.  The ensuing oil spill closed commercial fishing in thousands of square miles of Gulf of Mexico federal waters, fouled hundreds of miles of Gulf Coast shoreline, and devastated businesses up and down the Gulf Coast.

Scientists studying the aftermath of the massive oil leak are reaching contradictory results as to the severity and longevity of the oil pollution released into the water column.  The findings of a study reported online on September 16 in Science reflect that earlier reports by the government and outside scientists could have been overly optimistic as to the rate at which bacteria might ameliorate the oil spill.  The lead scientist on the study, Biogeochemist David Valentine, with the Department of Earth Science and Marine Science Institute, University of California, Santa Barbara, observed in media reports that much of the oil that gushed from the damaged Macondo well may end up drifting to the sea floor, where it could coat the sediments there.

For expanded coverage of BP's Deepwater Horizon tragedy, together with other maritime law news and information, please visit:

www.Jones-Act-Maritime-Lawyer.com and www.LawyerForYou.com.

For a free consultation about a maritime injury, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

U.S. Moves Ahead With Marine Highway Program

The United States Department of Transportation continues to promote its new initiative, the "America's Marine Highway" program.  The Department's goal:  enhance the amount of shipping traffic moving through the country's maritime transportation corridors, thereby easing the load on increasingly-congested land routes while reducing greenhouse gas emissions.

The Marine Highway Program has brought benefits to the Gulf Coast, as a sea route across the Gulf, the "M-10," will build on existing container-on-barge service between Brownsville, Texas, and Port Manatee, Florida.  The M-10 route spans five states and ten major metropolitan areas and currently sees service via a single ship that travels on a 10-day interval.  This reflects just one of several routes intended to expand traffic to and from Gulf-based ports.

Funding for the Marine Highway Project is being made pursuant to the second-round Transportation Infrastructure Generating Economic Recovery, or TIGER II, program, itself part of the national economic stimulus program established under the American Recovery and Reinvestment Act of 2009.

For additional information on the expansion of the Marine Highway Program, please visit GulfCoastMaritime.com.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

BP Internal Investigation Report Draws Criticism

As predicted, an internal investigation report recently released by BP regarding the Deepwater Horizon oil rig explosion deflects blame from the company, pointing fingers instead at others involved in the drilling effort at the Macondo well. As such, the report drew criticism from government investigators and BP's partners.

Representative Edward Markey (D-Mass.), a member of a congressional panel investigating the Gulf of Mexico oil spill, admonished that:

Of their own eight key findings, they only explicitly take responsibility for half of one.  BP is happy to slice up blame, as long as they get the smallest piece.

Representative Henry Waxman (D-Calif.), chairman of the House Committee on Energy and Commerce, accused BP of minimizing its role in the accident.

For its part BP's major partner, Transocean Ltd., labelled the report a self-serving attempt to deflect attention from the fatally flawed BP well design.

Citing a variety of causes in the horrific accident in April, the report's final conclusion was that "[m]ultiple companies, work teams and circumstances were involved" in the accident over time.

Analysts predict that the report foreshadows BP's legal position and arguments as it prepares to defend itself in pending and future lawsuits, as well as in civil and criminal investigatory proceedings.  Meanwhile BP's chief investigator, Mark Bly, rejected criticisms of the report, contending that it was an objective effort not intended to diffuse blame, a stance roundly rejected by the report's many critics.

For more detailed information on BP's recently-released internal investigation report, please visit GulfCoastMaritime.com.

If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Seafood Safety Concerns Linger After Deepwater Horizon Spill

Fishermen and the public remain cautious about shrimp, fish, and other catches from Gulf waters even as the latest shrimping season gets underway in the Gulf of Mexico.  In particular, concerns exist about possible oil contamination from the Deepwater Horizon oil spill.  Some also question whether there are potential safety hazards posed by the chemical dispersants used during the oil spill response effort.

In addition to providing a significant source of seafood for the domestic market, Gulf fishing areas provide livelihoods for thousands involved in the commercial fishing industry.  Now both the market, and those who earn a living supplying it, are left wondering whether catches from the Gulf are safe for consumption.

Of primary concern are potential cancer-causing polycyclic aromatic hydrocarbons (PAHs), which are common pollutants from petroleum products, combustion, and other sources.  Even though federal agencies have deemed many Gulf waters safe, background concerns linger regarding oil residues that can remain unseen and undetected on the sea floor.  In addition, wildlife exposed to oil spill pollution retain and metabolize PAHs at different rates, causing confusion about what types of wildlife are safe for harvesting and consumption.

While the confusion and concern persist, the federal government continues heightened testing of fish and other stocks taken from the Gulf, grinding up samples in an attempt to detect even tiny amounts of remaining contaminants.

Mariners and consumers alike can do little but watch and wait, as only time and more testing will reveal the true scope of the Deepwater Horizon's legacy.

For more information on maritime and other personal injury matters, please visit:  www.GulfCoastMaritime.com and www.LawyerForYou.com.

For a free consultation about a potential maritime injury claim, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

Deepwater Horizon - Three Months and Counting

Almost three months after the devastating destruction of the Deepwater Horizon drilling platform, BP has finally managed to staunch the massive flow of oil escaping from the platform's breached wellhead.  A cap newly-positioned on the wellhead appears to be holding against the intense pressure of the undersea oil and gas reservoir, but BP and the federal government are maintaining a close watch to determine whether any oil or gas may be leaking from the potentially-damaged well bore.  Such leakage could then escape into the Gulf of Mexico via fissures in the surrounding sea floor.

In the meantime, Congress is considering whether to amend maritime liability laws to eliminate statutory roadblocks that some claim could bar adequate compensation for those injured, and the survivors of those killed, in accidents like the Deepwater Horizon catastrophe.

For more information, please visit Arnold & Itkin's further discussion at GulfCoastMaritime.com.

Arnold & Itkin LLP Lawsuit Seeks Damages For Worker Injured While Moving Ship's Mast

Arnold & Itkin LLP maritime injury attorneys Kurt Arnold and Paul Skrabanek have filed suit on behalf of a worker who was injured while helping lift a ship mast. The plaintiff and co-workers were lifting the mast when two of the workers improperly shifted the load onto the plaintiff.  The incident resulted in a severely herniated disc in the plaintiff's back. The injury suit is pending in Galveston County Court.

For more information about maritime injuries and the services offered by Arnold & Itkin LLP, please visit:

www.GulfCoastMaritime.com

www.Jones-Act-Maritime-Lawyer.com

www.LawyerForYou.com.

For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free (866) 222-2606.

BP's Response? Disappointing

In an interview with Bulletproof Blog (http://www.bulletproofblog.com), Attorney Kurt Arnold offers advice to BP about their current response strategy. Addressing three primary questions:

  • If you were counseling the defendants, what strategy and messages would you advise them to endeavor?
  • You mention BP’s assertions of taking full responsibility. How resonant is that assertion in the current Court of Public Opinion?
  • How will the Oil Pollution Act be specifically “tested,” as news reports have suggested?

Click here to read the full text of this interview.

Closer Look at the Transocean Deepwater Horizon BOP

Blowout preventers (BOP) are standard safety equipment on any drilling rig, and consist of a series of valves that can be closed to shut-off the flow of oil if the underground pressure of the oil threatens to overstress the rig.

 

We may never know whether the added safeguard of an acoustic remote shut-off switch could have contained this disaster, but this article offers a closer look: http://gulfcoastmaritime.com/the-gulf-coast/closer-look-at-the-transocean-deepwater-horizon-bop/

Gulf Coast Oil Spill Could Be Worst in U.S. History

On Tuesday, The Washington Post reported that Coast Guard Rear Admiral Mary E. Landry said that the oil spill that followed the Transocean Deepwater Horizon explosion could “be one of the most significant spills in U.S. history."

The U.S. Coast Guard will consider burning oil on the surface of the Gulf of Mexico to reduce the volume. “It’s a tool in the tool kit and I want to have it as an option,” said Landry, the government coordinator of the spill response. “We fully understand that there can be benefits and tradeoffs to this.”

Following pressure from workers and their families, the Obama administration also announced Tuesday it was launching a full joint investigation into the cause of the explosion, which critically injured three workers and has left 11 missing. Homeland Security Secretary Janet Napolitano and Interior Secretary Ken Salazar say they will devote every available resource to a comprehensive investigation of the explosion.

"Once again we see catastrophic injuries in one of the nation's most dangerous industries," said Kurt Arnold, a Houston maritime injury lawyer. "Greater safety measures need to be taken to prevent future accidents like this."

Jason Itkin, another Houston maritime injury lawyer, called for the creation of an offshore worker safety task force.

"Our firm is a member of the National Mariner's Association, and we have a deep interest in increasing and promoting the safety of offshore workers," Itkin said. "Accidents like this show additional safety measures are needed now."

For More Information:
http://www.facebook.com/arnolditkin
http://www.Twitter.com/MaritimeInjury
http://www.jones-act-maritime-lawyer.com

 

Company Earnings May be Strong, but Fears Overwhelm Positives

While BP announced better than expected earnings in the First Quarter 2010, the news did not stop investors from unloading its stock. Showing similar financial concern and investor worry, S&P Equity Research on Monday cut its rating on Transocean (RIG) to hold from strong buy, based on valuation.

The recent Transocean Deepwater Horizon oil rig explosion highlights the risks and dangers associated with oil exploration and drilling. Also, the high price of cleaning up an environmental disaster, plus the costs associated with rebuilding the company's reputation if such a disaster hits, would have long-term negative effects on the company's profits and revenues.

As reported by the Houston Chronicle, 509 blazes have hit rigs since 2006. Several of these fires occurred on Transocean oil rigs resulting in serious injuries to Transocean workers that required evacuation and caused millions in damage.

Kurt Arnold, who has represented several clients in recent cases against Transocean Offshore and specializes in maritime injury cases said “Unfortunately, the rise of incidents offshore are increasing as the exploration for oil and gas increases,” Arnold said. “Many companies talk about their safety record, but the majority of accidents are not reported or misclassified. Unlike on land, there is little oversight.”

Efforts to seal the damaged well continue, as families and communities work together to begin the healing process of their own.

For More Information:
http://www.GulfCoastMaritime.com
http://www.Twitter.com/MaritimeInjury

Cruise Ship's Emergency Maneuver Injures Passengers

Carnival Cruise Lines reports that on April 21st one of its ships, Carnival Ecstasy, was forced to make a sharp turn to avoid a partially submerged buoy in the Gulf of Mexico.  At least 60 passengers suffered injury when the emergency maneuver caused the vessel to list heavily.  The unexpected maneuver tossed about passengers and furniture, brought tableware and glassware crashing to the floor, and dumped water from a swimming pool.  After debarking, some passengers disputed Carnival's explanation, asserting instead that the cruise ship was headed for a sand bar when it made the abrupt turn.

For more information on the incident, visit Arnold & Itkin LLP's new maritime injury blog.

The firm is pleased to offer additional ongoing coverage of maritime incidents and developments in maritime law at its Twitter and Facebook accounts.  Please visit them today!

 

Search Continues for Deepwater Horizon's Missing Workers

Search and rescue operations continued as the United States Coast Guard and others dealt with the aftermath of the massive April 20 explosion on the Gulf Coast oil exploration rig Deepwater Horizon.

Despite best efforts to contain the blaze, the oil rig could not be salvaged. The platform sank Thursday morning, April 22.

Experts suspect that a well blowout may have been responsible for the catastrophic event.  Federal officials are assembling teams to investigate the accident.

As observed by Houston maritime injury lawyer Kurt Arnold during an interview with the Houston Chronicle shortly after the tragic explosion, “Unfortunately, the rise of incidents offshore are increasing as the exploration for oil and gas increases.  Many companies talk about their safety record, but the majority of accidents are not reported or misclassified. Unlike on land, there is little oversight."

The newspaper found that over 500 fires have been reported on offshore oil rigs since 2006, including nine major fires that killed at least two people and seriously injured twelve others. At least 35 fatalities were due to Gulf of Mexico oil rig accidents, of whatever kind, during the same time period, the paper said.

In a separate interview with Houston ABC affiliate KIAH-TV, Mr. Arnold observed that Occupational Safety and Health Administration (OSHA) regulations do not apply to maritime operations in the Gulf of Mexico. Mr. Arnold, whose firm Arnold & Itkin LLP has represented injured maritime workers in ten lawsuits against rig owner Transocean during the past five years, was familiar with instances in which companies “cut corners” in ways that jeopardize worker safety.

Offshore petroleum industry personnel such as those who worked aboard the Deepwater Horizon are protected by the Jones Act, a federal law that allows injured maritime workers and their families to recover money damages for their injuries.

As a member of the National Mariner’s Association (NMA), an advocacy and watchdog group that seeks to improve the safety, health and social stability of U.S. mariners, Arnold & Itkin LLP remains intent upon enhancing and promoting the safety of offshore workers.

Seventeen of the evacuated workers were known to be injured, with three reportedly having suffered critical injuries. The workers' injuries included burns, broken bones, and smoke inhalation.

Authorities could only hope that the missing workers fled the Deepwater Horizon in a lifeboat, as did many of the workers who were safely evacuated. The latter were picked up at sea by other vessels which responded to the calamity.

The environmental toll surrounding the loss of the Deepwater Horizon remains uncertain but is likely to be substantial.

For the latest information on the Deepwater Horizon catastrophe, visit and subscribe to Arnold & Itkin LLP's maritime injury coverage, which is just a portion of the maritime personal injury information offered by the firm in support of its ongoing efforts to enhance maritime safety.

About Arnold & Itkin LLP

The lawyers at Arnold & Itkin LLP are aggressive advocates who understand the complexities and legalities of maritime law and have a successful track record of verdicts and settlements. If you or a loved one have been injured in an oil rig or other maritime accident, our goal is ensure you get the compensation you deserve. We have the expertise to handle maritime claims at port cities along the Gulf Coast in Texas, Louisiana, Mississippi and Alabama.

If you or a family member has suffered a maritime injury, call us toll free at (866) 222-2606 or contact us online using the form on this page. We provide free consultations, and we can advise you on all aspects of maritime law and the benefits you are entitled to under the Jones Act, the Death on the High Seas Act, the principle of maintenance and cure, or the Longshore and Harbor Workers’ Compensation Act.

Coast Guard Implements New Law Enforcement Rating

The United States Coast Guard recently implemented a new law enforcement rating to better fulfill the service's law enforcement role as the nation's maritime guardian.

To learn more about the new rating, visit Arnold & Itkin LLP's new Jones Act and maritime law blog.

Jones Act Issues Arise for Offshore Wind Project Developers, Workers

Offshore wind farm developers are constrained by the Jones Act to use United States vessels for the construction and maintenance of wind turbine installations.  Will enough vessels be ready to meet the demand?  Read more at Arnold & Itkin LLP's new Jones Act and maritime law blog.

Latest Articulated Tug-Barge Joins Shipping Fleet

Crowley Holdings has announced the christening of the tug Achievement and barge 650-8, the eighth of ten new Articulated Tug-Barge (ATB) vessels that the company will take delivery of by next year.

ATB tank vessels carry hazardous liquid cargoes, such as petroleum products, and incorporate a hinged connection system between the tug and accompanying barge.  The articulated connection allows the transportation system to flex along the components' pitch axis, a benefit in ocean-going transport where vessels can encounter significant swells in heavy weather.
 
The newest ATB, constructed by VT Halter Marine in Mississippi, will join Crowley's Jones Act ATB trade, based out of Tampa, Florida.  More vessels are planned.
 
The Gulf of Mexico already contains thousands of wells and hundreds of drilling platforms.  In addition, the Obama administration has announced plans to open a new tract for oil and gas exploration in the eastern Gulf of Mexico. Estimates are that the area contains as much as 3.5 billion barrels of oil and 17 trillion cubic feet of gas.  Thus a ready market exists for the Achievement, which will go into charter service with Marathon Oil Corporation.
 
According to Crowley, the Achievement/650-8 and its sister ATBs employ cutting edge technologies for maximum safety and reliability.  Incorporating such technologies is critical for worker and environmental safety, given the potentially toxic and hazardous cargoes the ATBs are intended to transport.
 
Beyond a host of systems intended to ensure cargo and vessel safety, the tugs also meet all SOLAS (Safety of Life at Sea) and related criteria, and they include other upgrades to increase crew comfort.
 
Crowley claims that with the introduction of the Achievement/650-8, the company can offer over two million barrels of capacity in the Jones Act trade.  Crowley's ATB fleet has moved hundreds of millions of barrels of product with no spills since the vessels first entered service in 2002.
 
Improving Maritime Safety for Jones Act Seaman
 
The attorneys of Arnold & Itkin LLP applaud all efforts to enhance crew and environmental safety among vessels operating in the Gulf's petroleum industry.  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.

Yacht Manufacturer Settles Suit Filed By Sailor's Widow

Cape Fear Yacht Works recently agreed to settle wrongful death and related claims filed by Linda Stone.  Stone's husband, Roger Stone, was killed when the 38-foot racing yacht Cynthia Woods capsized during a 2008 regatta in the Gulf of Mexico.

The Cynthia Woods was manufactured by Cape Fear Yacht Works and donated to Texas A&M University by Galveston billionaire and Texas A&M graduate George P. Mitchell.  Mitchell's son owns and operates Cape Fear Yacht Works.

According to investigation reports, a Texas A&M University-Galveston Sea Aggie sailing team, including safety officer Roger Stone, were en route from Galveston to Vera Cruz, Mexico, as part of a regatta when the 5,000-pound lead keel of the Cynthia Woods broke apart.  The vessel promptly capsized and later sank.  Stone was killed, but his crewmates survived, spending some 26 hours adrift before being rescued by the U.S. Coast Guard. 

Investigations by the U.S. Coast Guard and the Texas A&M University System reached conflicting results as to the cause of the vessel's keel failure.  The Coast Guard attributed the accident to improper repairs after the Cynthia Woods had been run aground, while the university cited inadequate design and construction of the vessel.
 
As noted here shortly after suit was filed, Linda Stone sought damages from several parties, including Cape Fear, boat designer Bruce Marek, and Payco, Inc., which made repairs on the boat.
 
Cape Fear Yacht Works, joined by Marek, entered into the settlement with Linda Stone, while her action against Payco continues.
 
Maritime claims such as Stone's demonstrate the need for aggressive advocacy on behalf of survivors after a vessel is lost at sea.
 
If a maritime injury occurs, it’s crucial for the victim or their family to contact a maritime lawyer as soon as possible.  Relying on a lawyer unfamiliar with maritime law can result in reduced or lost benefits.
 
To discuss a case with an experienced maritime lawyer, contact a maritime attorney online at Arnold & Itkin LLC, or call the maritime law office of Arnold & Itkin LLC toll free at 866-222-2606.

Piracy Takes Deadly New Turn as Private Security Contractors Defend Vessel

According to media reports and the EU Naval Force, on March 23rd the MV Almezaan, a Panamanian-flagged cargo ship, was attacked by pirates in the Gulf of Aden while en route to Mogadishu.  The vessel, which had been the subject of pirate attacks in the past, included an "armed private vessel protection detachment" – meaning a privately-contracted security team.

As the pirates attacked using skiffs, the onboard security team repelled the pirates' first attempt on the vessel by returning fire.  A second attack was likewise repelled, at which point the pirates fled.
 
A spanish frigate arrived on-scene in response to a distress call from the MV Almezaan.  The frigate's helicopter located and interdicted the pirate vessels.  A boarding party found one of the pirate suspects dead from gunshot wounds believed to have been inflicted by the security team protecting the MV Almezaan.
 
The incident is the first known instance of a pirate allegedly being killed by a member of a private contractor security team aboard a merchant vessel.  The use of such teams aboard civilian cargo ships is on the rise in response to the high levels of piracy off the coast of Somalia, leading experts to predict that additional deaths are likely.  The practice raises a host of issues, however, causing concern among detractors even as proponents cite the necessity for armed shipboard protection to fend off increasingly sophisticated and violent pirate tactics.
 
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, prudent measures to protect maritime workers and seamen from the dangers of piracy.
 
If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online atArnold & Itkin LLP for a free consultation or call our maritime law office toll free at 866-222-2606.

Spring Break Plus Sinking Yacht Equals Primer Course in Maritime Law for College of Charleston Students

A recent spring break vacation turned into a valuable lesson in maritime law for a group of College of Charleston students, reports WCSC TV in Charleston, SC.

The students were on a return voyage from the Bahamas when they saw a 50-foot sailboat strike a sandbar and begin to take on water.

What happened next moved the incident into the realm of maritime law.

The students radioed the sailboat and asked how they could help. The captain of the sailboat allegedly radioed a "Mayday" distress call and abandoned ship, and the crew launched a life raft.

Under maritime law, once a captain declares mayday, he essentially abandons the ship to the elements. If another party comes along and is able to save that boat, it becomes theirs.

The college students were able to rescue the boat after four hours of labor, including the use of scuba equipment to go underwater and repair holes in the hull. They eventually towed the boat to a nearby dock.

Lawyers for the students have made a claim for the sailboat, but its owners are contesting the claim.

Maritime laws can be complex. If you have any questions regarding a maritime incident or have suffered a maritime injury, contact a maritime attorney online at Arnold & Itkin LLP for a free consultation  or call our maritime law office toll free at 866-222-2606

Frigid waters add to maritime risks for Alaskan crabbing fleet

In Alaska, October means the start of the crabbing season. Consumers often take for granted the process gone through to place the delicacy on plates across the country, but the harsh conditions that affect the Bering Sea can present fishermen with an array of hazards not faced by those who work on boats in warmer waters. In an effort to reduce accidents, and possible subsequent legal claims, the Coast Guard has teamed up with personnel from the Alaska Department of Fish and Game to observe and inspect crabbing vessels and to offer additional safety training.

The Coast Guard has been deployed in the Aleutian Island chain off the southwest tip of the state and the Bering Sea in order to improve response time in the event of emergencies.

One aspect of the crab fishermen’s job that makes their profession particularly perilous is the location, as early-October temperatures through parts of the Aleutian Island chain have already dipped into the 40s (Fahrenheit), meaning seamen who fall overboard face the additional risk of hypothermia. Because of the frigid and rough seas, accidents are often more serious than those in warmer waters, increasing the risk of serious injury and death.

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OSV Operators Await Changes to Jones Act

Operators of Offshore Service Vessels (OSV) supporting the offshore energy production industry are awaiting changes to recent Jones Act rulings from U.S. Customs and Border Protection.

The Jones Act is a maritime law, which states (among other things) that only ships built in American shipyards and that are owned and crewed by Americans have the right to transport cargo between U.S. ports. Recently, U.S. Customs and Border Protection (CBP) approved waivers that allowed certain foreign vessels to transport and install oilfield equipment in U.S. waters. Last summer, CBP announced plans to modify 20 rulings in order to restore the original intent of the Jones Act, which is to protect the U.S. maritime industry from foreign competition.

The CBP said it recognized the fact that “allowing foreign-flagged vessels to transport merchandise from one U.S. point and install that merchandise at another point on the condition that it merely be accomplished on or from that vessel would be contrary to the legislative intent” of the Jones Act.

Under the modified rulings, foreign vessels will still be able to install oilfield equipment, but they will no longer be allowed to transport the equipment from U.S. ports to the installation site. The previous rulings allowed foreign vessels to carry equipment to offshore oil and gas facilities as long as the same vessel installed it.

 
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Offshore Crew Evacuated after Oil Leak off Australia Coast

All 69 offshore workers on an oil rig off Australia's northwest coast are safe after they were evacuated from the rig, post a massive oil leak.

The spill is about 8 topical miles long and 30 meters wide, and occurred at the West Atlas drilling rig, which is owned by Norway’s Seadrill. The company that operates the oil rig, PTTEP Australia, is conducting urgent repairs to stop the leak. The leak occurred in an extremely remote location, and this has made any salvage operations difficult. Aircraft are being used to spray chemicals to disperse the oil. Australian maritime safety authorities have initiated a national response plan to limit the impact of the spill in the Timor Sea.

Apparently, a plug on one of the deep wells came loose, causing a leak of oil and gas. However, it is still too early to know what exactly caused the leak, and how long it will take to plug it. Maritime authorities don’t believe that the spill will reach the Australian coast. The slick seems to be evaporating as it is leaking, causing the size of the slick to remain more or less the same size.  According to Bloomberg.com, there were 69 workers on the rig who were evacuated after hydrogen sulphate gas began to leak.

Offshore Workers Work in Hazardous Conditions

It's not difficult to see why workers on an offshore rig work in some of the riskiest conditions. They are confined to a rig in the middle of a vast ocean, several miles from the shore, and are at the constant mercy of the weather and the seas. Offshore Crew EvacuatedAlthough these employees work rotating shifts, and may not spend more than a few weeks on the rig, the few days that they do spend offshore can have them working through conditions that are very vastly more difficult than those on land.  Shifts can be as long as 12 hours, and when there are strong currents, the rig can shift, causing a worker to lose balance if he is not holding on to the railings.

An offshore rig worker may be eligible for Jones Act seaman status, depending on whether he meets the criteria outlined in the 3-part test. He must be assigned to a vessel, the vessel must be in navigation and he must spend a significant  amount of his time performing duties that contribute to the vessel.

The maritime lawyers at Arnold & Itkin LLP represent workers injured on commercial fishing vessels, cargo ships, tankers, offshore rigs, cruise ships, barges and towboats.

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Idaho Man Injured in Accident on Commercial Fishing Vessel

An Idaho man had to be airlifted to a hospital after he sustained serious injuries in an explosion on a commercial fishing vessel.

The crew member, Joshua Gifford, was working in the cabin of a 24-foot fishing vessel on the Columbia River when the explosion occurred. Gifford sustained serious injuries, and had to be airlifted to a hospital.

Explosions on a fishing vessel may be the result of a gas tank leak. Activities that involve the use of electrical tools, like grinders, may cause sparks that can trigger an explosion. An explosion on a  vessel can quickly lead to a fire, compounding the situation further. Fires on a vessel are harder to put out, because the vessel cannot take on a lot of water without facing the risk of sinking.

Risks Aboard Commercial Fishing Vessels

Crew members on commercial fishing vessels are at risk everyday. There may be complex processing equipment on a fishing vessel, and the decks may be covered with grease and fish gurry. Commercial fishing crew members may be at risk from the elements of the weather.  In fact, until recently the job of the commercial fishing crew member was considered to be the most dangerous occupation in the United States. Commerical Fishing VesselDuring the 80’s and 90’s, fishing communities in small towns and villages along the coast lived in the constant fear of losing their loved ones to accidents on board these vessels.

For many years the commercial fishing industry was an unregulated one. The Fishing Vessel Safety Act set down regulations for safety standards, training of crew members, accident reporting procedures, and vessel stability. Strong regulations and the threat of legal action in case of violations have meant that there are fewer accidents involving these vessels than there used to be.

Commercial fishing crew members may also qualify under the Jones Act, although this can depend on whether they qualify as a Jones Act seaman. A seaman must have been assigned to a vessel or fleet of vessels on navigable waters, must contribute to the mission of the vessel, and must have a substantial connection with the vessel, both in terms of nature of work, as well as duration.

The maritime lawyers at Arnold & Itkin LLP represent workers injured on commercial fishing vessels, cargo ships, tankers, offshore rigs, cruise ships, barges and towboats.

 
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Fisherman Evacuated from Commercial Vessel after Suffering Heart Attack

A crew member on a commercial fishing vessel had to be medically evacuated by the Coast Guard after he suffered a heart attack on board the vessel.

The crew member fell overboard from the fishing vessel Gaston, while he was engaged in pulling up a dredge. He was immediately rescued, and crew members brought him back on board the vessel. However, he began to experience chest pains and other symptoms of a heart attack. The crew members informed the Coast Guard, and the man was transferred to a rescue boat. He was taken to the Air Station in Cape Cod from where he was airlifted to the hospital. The crewman is believed to be in a stable condition.

Jones Act Seaman

Fishermen on commercial fishing vessels, depending on the nature of their service to the vessel and the amount of time they spend on it, may be eligible for coverage under the Jones Act. Falling ill on a vessel in the vast ocean is a hazard that a merchant seaman constantly faces. Jones Act VesselOut on a tanker, commercial fishing vessel or any other kind of Jones Act vessel, illnesses can strike suddenly and without warning. Seaman may suffer heart attacks, strokes, appendicitis, or other emergency conditions that require urgent medical care. The first few minutes after the symptoms appear, can be crucial. The wrong kind of medical attention or delayed medical care during this time can prove fatal.  

It's an employer's duty to ensure that a sick crew member gets the medical attention he needs. An employer must make arrangements for the seaman to receive specialized care offshore, if necessary. This may involve calling for Coast Guard and rescue help to have the worker airlifted.

Unfortunately, a single crew member who is unable to work due to illness can mean delays and financial losses for an employer. Such employers may try to delay calling for emergency medical help to have a worker moved onshore where he can receive specialized care. There may also be negligence in the kind of medical attention that a Jones Act seaman receives while he is on the vessel. 

Injuries that are aggravated by the negligence of an employer may be mentioned in a claim under the Jones Act. Workers whose symptoms worsen or their condition deteriorate because of delayed medical attention on a vessel, must consult with a maritime lawyer to understand their rights.

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Cosco Busan to Pay $10 Million Penalty in Ship Accident

A Hong Kong-based shipping company pled guilty to criminal violations in a maritime accident. In 2007 a vessel struck the Bay Bridge and spilled 50,000 gallons of fuel into the San Francisco Bay.  

On November 7, 2007, the Cosco Busan crashed into the San Francisco Bay Bridge, spilling 50,000 gallons of oil into the water. No injuries were reported, but the massive oil spill caused an environmental disaster. Millions of dollars were spent cleaning up the damage, and local fishermen and crabbers suffered losses when the fishing season was postponed due to the cleaned up.

Bay Bridge - Cosco Busan Oil SpillFleet Management Limited pled guilty to:

  • a violation of the Oil Pollution Act of 1990
  • felony obstruction of justice
  • false statement charges

According to the Department of Justice, the company pled guilty in exchange for a deal with federal prosecutors. If the plea agreement is approved, the company will be fined a penalty of $10 million. Of this, $2 million will be used for environment processes around the Bay.

Prosecutors charged Fleet Management with preparing forged documents after the ship accident, under the direction of supervisors. The documents were intended to deceive the Coast Guard. As part of the plea, Fleet Management admitted it discharged “a harmful quantity of oil into the water of the United States.” It also admitted that the accident occurred because of its negligence. The company signed a statement saying the vessel crew:

  • Was not familiar with navigation equipment
  • Failed to engage in a proper passage planning process
  • Falling to conduct master-pilot exchange information
  • Failed to take fixes during journey 

The company admitted that it created a false berth-to-berth passage plan for the day of the accident, after the ship struck the Bay Bridge. This was done at the direction of superintendents; the ship master was also aware of this falsification. The ship's navigation chart was also altered to show fixes that were not recorded during the journey.

Jones Act Seamen Can Sue Their Employer

In case of injuries resulting from a vessel collision like the Cosco Busan oil spill, injured workers may be protected under the Jones Act. Before the Jones Act was passed, a worker could not hold his employer responsible for injuries caused by negligence or incompetence of co-workers. However, the Jones Act places liability for any injuries sustained by the incompetence of a co-worker on the employer.  

The maritime lawyers at Arnold & Itkin LLP represent maritime workers who have been injured on cargo ships, cruise liners, commercial fishing vessels, barges, tugboats, offshore drilling platforms, and other maritime vessels.

Four Boaters Uninjured After Hudson River Maritime Hit and Run

Luckily, a collision involving a cargo ship and a speed boat on the Hudson River end without any injuries or fatalities. A Hollywood director, however, did get the chance to play hero when he helped the boaters to safety.

According to news reports, an unidentified cargo ship crashed into a sailboat and continued down the Hudson river at around 1 am. The four occupants of the sailboat did not realize they were in danger until the massive ship was upon them. Cargo Vessel Hit and RunThree passengers were thrown from the boat and one stayed on the vessel, or rather the small piece of the hull left floating in the water. At the scene of the accident was Doug Liman, director of films like Mr. and Mrs. Smith. Liman and his friend Avram Ludwig were on a sailboat and saw the cargo ship slice through the smaller sailboat. The two quickly rushed to the scene and helped three of the passengers out of the river.

The Coast Guard is investigating the accident and is still trying to identify the 300-foot cargo ship involved in this maritime hit and run. There is no information about whether the large vessel was a tanker or freighter. Reports indicate the large boat may not have felt the impact of the collision.

Vessel Collisions

The four people on the sailboat, according to the Coast Guard, were extremely lucky to survive the accident. Generally, collisions involving two vessels in which one is several times larger than the other, end in fatalities. It is highly likely that the cargo ship did not see the 42-foot sailboat in the pitch dark. Sailboat crews should be cautious when pleasure boating on waters used as shipping lanes. Coast Guard officers have, for some time now, been warning of the increasing number of accidents involving cargo vessels and recreation boats. Boaters must take care and stay out of waterways known to be frequented by tankers and other large vessels, especially after dark.

The maritime lawyers at Arnold & Itkin LLP represent injured cargo vessel crews, cruise ship employees, offshore workers, and other Jones Act seamen.

Maritime Worker Suffers Injuries on Boat off New Jersey Coast

As maritime lawyers, we often get asked whether or not a seaman’s injuries qualify him for compensation under the Jones Act. The Jones Act does a great job of providing benefits for seamen who may be injured or incapacitated in several ways.

This week, a 27-year-old Jones Act seaman on a boat off the coast of New Jersey suffered injuries to his upper arm while picking up a heavy object. The worker was on a 151-foot boat, about half a mile off the coast of Cape May. The crew of the boat, Relentless, informed the Coast Guard that the worker had sustained an injury in his upper arm while picking up an object. The Coast Guard station dispatched a rescue boat crew and the man was transferred to the station, after which he was taken to a hospital for medical treatment.

Jones Act Coverage and Maritime Worker Training

In situations like these, an employer could try to place the blame for the injury on the worker himself. They may try to put the responsibility off on the worker's negligence or failure to take safety precautions. Maritime VesselsOn a boat with no one but other crewmembers around, it is easy for a seaman to believe what his employer or the vessel safety team tells him. Sometimes, it is only when clients visit a maritime lawyer without expecting much of a case, that they realize the extent of their rights under the Jones Act.  

Injuries to the shoulder, neck, and back can be extremely debilitating, and can be severe enough to prevent the worker from returning to his duties for weeks or even months. Employers can take several steps to prevent such distressing injuries that can incapacitate a worker, including:

  • Workers must be trained to follow all safety precautions while performing lifting, lowering, and carrying activities.
  • A worker must not be made to lift and carry loads or objects that are beyond his capacity.
  • A worker should not be performing jobs on a boat he is not required or trained to perform. (Employers often under staff a vessel in an attempt to cut costs, placing workers at risk while performing jobs that they are not trained to do.)
  • Workers should not be made to work for long hours without a break, this increases the possibility of repetitive stress injuries.

Three Maritime Workers Rescued after Honolulu Fishing Boat Accident

Three fishermen in Hawaii were rescued after their boat overturned and sank.

The fishermen were three miles southeast of Hilo when their boat overturned. Soon after the U.S. Coast Guard Sector Honolulu Command Center received a distress signal from the Hawaii County Fire Department. One of the fishermen aboard a 19-foot boat used his cell phone to call for assistance as soon as the boat began to tip over. Fishing Vessel's Can Easily CapsizeThe Coast Guard mounted a search and rescue effort. By the time rescue teams arrived, the fishermen had drifted a few miles away from the point where the vessel capsized. All three men were clinging to a cooler in the water. The men were rescued by lowering a rescue basket into the water from an aircraft. They were transferred to a hospital where they received medical attention. None of the fishermen are believed to have been seriously injured.

Vessel Capsizing - Maritime Nightmare

Being on a vessel that capsizes or overturns is one of the worst situations for any maritime worker to be in. It is at such moments that the employer's responsibly to provide Coast Guard-approved personal flotation devices and the workers' training in using them effectively are tested. Wearing a life jacket aboard a fishing vessel may seem like the most sensible thing you could do, but you would be amazed at how often maritime lawyers come across cases where workers drowned because they were not wearing life jackets. Many workers insist that life jackets are cumbersome to work in, but failure to wear them can cost a Jones Act seaman his life.

Capsizing accidents at sea can often be attributed to poor weather and lack of crew member training. For instance, a vessel crew must be able to call for a return to shore if possible, in case weather conditions become too rough to carry on. A boat is very likely to overturn in stormy weather conditions and maritime workers should not be placed at risk.

Body of Maritime Worker Found after Fall off Shrimping Boat

The body of a shrimper reported missing after he fell off a fishing boat, has been recovered from the Gulf of Mexico. 

According to the South Padre Island Coast Guard station, they received a call on Wednesday morning from the crew of the shrimp boat, Matilda Tower, saying a man had fallen overboard. The crewmember was last seen at about 1:30 that morning. Jones Act ShrimperA helicopter search crew was sent out, and the body was spotted five miles off the coast of South Padre Island. A boat crew was sent to recover the body.

The crewman has been identified as Raul Gonzalez. According to some news reports, officers indicated that the body contained suspicious marks and that there was a possibility this would be treated as a homicide case.  An autopsy has been ordered, and the FBI has been notified of the possibility of a homicide at sea.

Can assault result in a Jones Act claim?

Assault by a crewmember aboard a ship can be a basis for a Jones Act claim. That does not mean every case involving injury and assault by another seaman is eligible for damages, but there are many instances where the ship owner may be liable.

Previous precedents have held ship-owners liable for injuries to a seaman by other crewmembers. In an earlier maritime assault case, the ship owner was held liable for a seaman being stabbed to death by another crewmember. The ship owner was held liable for failing to prevent the assault. In case of assault by another crewmember, a seaman can also recover damages claiming unseaworthiness of the vessel or negligence.

Identifying Maritime Employer Negligence

Identifying employer negligence or proving unseaworthiness in an assault by a crewmember that results in injuries or death of a Jones Act seaman can be a complicated process. Juries and judges are likely to look, not only at the nature of injuries that occurred, but also at the circumstances surrounding the assault, the measures that the ship owners could have taken to prevent such an assault, the negligence of other crewmembers that could have contributed to an injurious assault, etc.  In such cases, seamen will need expert representation by a maritime lawyer.

Alaska Maritime Worker Suffers Crushing Finger Injuries

A maritime crew member on a freighter off Alaska was airlifted to the hospital after he suffered crushing injuries aboard the vessel.

According to the Coast Guard, the 53-year-old maritime worker suffered the crushing injury while working on a diesel engine. His right index finger got caught in one of the gears, and was crushed and partially severed. The worker was aboard the vessel, Horizon Anchorage. The master of the vessel informed the Coast Guard center in Juneao and the agency dispatched a rescue helicopter to transport the injured worker to the hospital.  

Crushing Injuries - GearsWorkers aboard ships and cargo vessels face the risk of a range of injuries beyond those faced by workers on land. Maritime workers, including fishermen, offshore workers, ship crew members, and tugboat operators are required to operate complicated marine equipment.They may have to perform shift-based duties that increase their exposure to fatigue and stress, increasing the chances of an accident. Also, when an injury occurs, workers are far from emergency medical care. Even airlifting an injured seaman from a vessel via a medical helicopter can be a tough exercise. Also, workers are far from their families and loved ones, which only compounds the stress of the injury. 

Maritime laws, like the Jones Act, acknowledge the hard conditions workers toil under, and provide a range of benefits in compensation for injuries. Work aboard a vessel is always fraught with the risk of injury. The Jones Act makes compensation possible, even for minor negligence by an employer. In fact, a seaman injured while performing activities he knows are dangerous may also be eligible for compensation from the employer. Jones Act seamen may be eligible to recover lost wages for all lost working hours when they are incapable of working, as well as payments for medical expenses and rehabilitation costs.

All Seamen Under the Jones Act Have Rights to “Maintenance and Cure Benefits"

"Maintenance" includes provisions for the daily expenses for the seaman he would have received if he had not been injured. These can include a daily allowance to meet his food and shelter expenses.

"Cure" includes medical care, hospitalization expenses, and rehabilitation therapy, at least until the injured seaman reaches a level of maximum medical improvement. A seaman is believed to have reached a state of maximum medical improvement (MMI) when he has recovered from his injures to the maximum extent possible. This state of MMI can become a point of contention between a maritime lawyer and the employer of a seaman because the Act does not provide for maintenance and cure after the MMI is reached.

Maritime Companies Rule out Arming Workers to Prevent Pirate attacks

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.

Maritime Industry Decodes Against Arming WorkersAt 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.

FBI Building Maritime Coordination Network to Boost Security

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. Maritime Safety and the FBIThe 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.

Cargo Ship Returns to Port After Pirate Attack; All Maritime Workers Safe

A cargo vessel that sailed from the Port of Houston and was attacked by Somali pirates, arrived at a Kenyan port with a U.S. Navy escort. Its 20-member maritime crew arrived safely and unharmed.

The ship, Liberty Sun, reached Mombassa last week. Last Wednesday, a gang of Somali pirates attacked the ship using rocket propelled grenades. The USS Bainbridge, which was carrying Captain Richard Phillips, the captain of the earlier hijacked Maersk Alabama, was called to help the crew of the Liberty Sun. However, by the time the Navy destroyer reached the area, the pilots had abandoned their plans. None of the crew members aboard the Liberty Sun were injured in the attacks, the vessel, however, sustained significant damage. 

Maritime Injury AttorneysThe bold attack that came so soon after the dramatic assault on the Maersk Alabama is proof that piracy in the waters off the Somali Coast is not just alive and kicking, but more aggressive than ever. Three of the pilots who attacked the Alabama were killed and the fourth was arrested. Enraged pirates have threatened to show no mercy to maritime crews in any vessel they attack from now on. Those words must be taken seriously. After all, since the three Somali pirates were killed, another armed gunmen managed to attack four other ships. To maritime attorneys, who work closely with injured workers, it is clear that this is not a minor law and order problem, but a grave maritime security issue.

President Barack Obama announced his intention to wipe out piracy, and maritime authorities issued warnings to ships to be alert to the dangers off the Somali coast. Maritime workers are not generally trained to deal with pirate attacks. It is obvious that security procedures on these vessels need to be enhanced, so workers and crew members are able to protect themselves if the vessel is intercepted by pirates. So far, there are very few answers to the piracy problem.

Maritime Safety

Maritime companies, meanwhile, are trying to find a balance that can keep their vessels and maritime workers safe, but their options are expensive. Some companies, including AP Roller Maersk, have begun to reroute part of their fleet to avoid these pirate infested waters. Other companies have not been so quick to follow suit. The detour is expensive and with a global economic crisis hitting the maritime transport industry, companies are not willing to rack up costs by rerouting vessels.

If you or a loved one has been injured in a maritime accident an experienced maritime attorney can help you recover the compensation you deserve. Contact a maritime injury attorney at Arnold & Itkin LLP to answer questions about your case.

Last Day for Maritime Security Card Compliance for Texas Ports

April 14th was the last compliance day for a federal maritime worker identification program that requires biometric identification for access to secure port areas. Texas ports, including those at Houston, Galveston, Freeport, Port Arthur, and Texas City, had their official compliance day, along with every other port across the country.

At the Port of Houston, the Transportation Worker Identification Credential (TWIC) compliance went off without a hitch. Nearby, at Galveston Port, however, some workers were turned away because they had not yet been enrolled in the program. It is estimated that there are about 300,000 maritime workers in the Houston area and as of April 9th only 78,708 maritime workers had been enrolled. Of these, 57,709 cards have been activated.

Maritime LawyerThe TWIC program was created due to the increased security threat to ports after 9/11. After the twin towers collapsed it became clear that our ports provided easy access to those who felt the need to harm Americans. The Department of Homeland Security established the program, which requires longshoremen, dock workers, vessel crew, truck drivers, and other maritime workers, who require access to ports, to produce an identification card. The program aims to introduce an additional wall of security to our ports, making them safer. Workers who have the identification card went through an intensive background verification check and are not seen as being a threat.

The number of maritime workers who have already enrolled in the program is over one million. The U.S. Coast Guard is in charge of enforcing compliance and has extended the compliance period to May 13th, 2009. This extension only applies to maritime workers who have applied for the cards and are waiting to receive them. These workers may be allowed unescorted access to secure port areas until May 13th if they can provide verifiable proof of their application.

Port officials in Texas have been working hard for months to remind workers about the compliance deadline. However, there are several workers who have yet to enroll in the program. Galveston Port officials say it has been especially difficult getting truckers to enroll in the program. If a trucker does not have his TWIC card, he can only access secure areas with an escort. This is bound to create delays and other problems. Providing escorts for maritime workers who do not have the card will also be expensive and time consuming.

Maritime Safety

Part of providing a safe working environment for maritime workers is ensuring their security. It is important that maritime companies participate in the program fully by getting their workers to apply for their TWIC card as quickly as possible.

If you have been injured in a maritime accident, a maritime attorney can help you receive the full benefits package that deserve. 

The attorneys at Arnold & Itkin LLP have represented thousands of maritime workers and helped them receive their dues. Contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.

Maritime Authorities Warn Crews & Workers about Risks of Pirate Attacks

As the captain of the cargo ship that was attacked by Somalian pirates was rescued, Combined Maritime Forces (CMF) issued a special advisory warning to mariners and workers, explaining that they should be extremely vigilant while navigating the waters off the coast of Somali.

Last week's riveting hostage drama ended with Captain Richard Phillips' rescue; although, the pirates have now warned of revenge against American ships. The Maersk Alabama, a 17,000 ton cargo vessel, was hijacked by a group of pirates last Wednesday. The ship was loaded with relief supplies for the U.S. Agency for International Development (USAID) to help feed malnourished people in Somalia. The pirates were armed with automatic weapons and rocket propelled grenades, but the 20-member maritime crew managed to negotiate their release. Maritime Injury AttorneyThe crew included Colin Wright, a Galveston resident. The captain, Richard Philips, gave himself up as a hostage to the pirates in return for the safe release of his crew members. The ship safely returned to port and after a five day standoff, Phillips too was rescued when snipers killed three of the pirates and took one into custody.

Meanwhile, CMF issued a special maritime advisory, pointing out the pirate attacks that have occurred off the Somali coast, and asking ships and their maritime crew workers to be vigilant and prepared to handle attacks. The advisory also says that despite the presence of ships and aircraft in the region, they are not likely to be able to provide support to a vessel in the event of a pirate attack. The advisory strongly underscores the kind of dangers maritime workers and crew face in this time of increased piracy.

Maritime Pirate Attacks

It has become clear that current maritime training is not sufficient for workers to handle the kind of aggressive pirate attacks taking place. For instance, maritime workers are not equipped to deal with hostage situations. Training programs and maritime safety procedures need to be revised and enhanced to ensure the safety of workers in case of a pirate attack. Maritime companies should also look at how they can increase the security of their own vessels in order to resist attacks and ensure the safety of their workers.

If you've been injured in a maritime accident, a maritime lawyer can help you recover compensation for your injuries. Contact a maritime lawyer at Arnold & Itkin LLP to discuss your case.

Crane Collapse Destroys Yacht in England

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.

Maritime Injury AttorneyCoast 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.

Florida Maritime Accident Results in Oil Spillage, No Injuries Reported

A Port of Tampa maritime accident involving a tugboat pulling a barge and a moored tug, resulted in approximately 1,000 gallons of waste oil spilling into the port.

According to reports, the accident occurred when the tugboat, Katherine Ann, was pushing a barge and collided with the tug, Liberty, which was moored at the dock at Causeway Boulevard. The accident led to 1,000 gallons of oil spilling into the water. The Coast Guard is supervising cleanup operations and is conducting an investigation into the collision. Maritime Accident AttorneyThe company that owns one of the boats, Diversified Environmental Services, is located near the dock and was able to respond to the crisis immediately. The quick response helped prevent damage to marine life and the environment. No injuries were reported in the collision.

For maritime workers and Florida maritime officials, oil spills likely bring back memories of the Tampa Bay oil spill of 1993, in which 300,000 gallons of oil and 33,000 gallons of jet fuel spilled into the water. That oil spill was also the result of a collision and involved three vessels at the entrance of Tampa Bay. One of the vessels was carrying close to 8 million gallons of diesel, jet fuel, and gasoline. Upon colliding, a fire quickly broke out; it took firefighting teams more than 16 hours to control the inferno. No one was injured in the accident, it was, however, responsible for Tampa Bay's largest oil spill to date. The environmental damage from that accident was fairly limited, considering the size of the spill. The fact that just months before the spill, emergency plans for oil spill disasters were put into place helped control the damage.

Maritime collisions can be the result of various factors, including:

  • negligence on the part of crew
  • failure of port authorities
  • weather conditions

In recent years, some high profile maritime collisions have been linked to crew failure. The 2007 Cosco Busan accident with the San Francisco - Oakland Bay Bridge was the result of a medically unfit pilot and lack of communication between he and his captain. Also, the 2008 collision of the of the tugboat, Mel Oliver, and the oil tanker, Tintomara, was ultimately attributed to a captain who abandoned ship a few days before the accident, leaving the tugboat to be piloted by an apprentice mate who was not equipped for the task.

Maritime Accident Claims

Maritime accidents, as the above incidents show, are not always the result of employer errors, but can also be caused by the incompetence, negligence, and failure of crew members. However, even if an accident is caused by a co-worker's negligence, the employer is still responsible for any injuries that result. Injured workers in such cases are eligible for all the benefits promised to them under the Jones Act or other maritime laws. It is important that workers be aware of their rights before they settle for compensation. A maritime attorney can help you do just that.

If you've been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

Sikorsky Helicopters Grounded after Offshore Maritime Accidents

After a maritime helicopter accident that resulted in the deaths of Canadian offshore workers, the Federal Aviation Administration (FAA) has moved to issue a safety directive, requiring gear box repairs of Sikorsky’s S-92 helicopters.

On March 12th a helicopter crashed off Newfoundland in Canada, killing 17 offshore workers. The crash has been linked to broken titanium studs that connected the gear box to the oil filter system. The FAA directive calls for emergency repairs of gearboxes on all U.S.-registered Sikorsky helicopters. According to the directive, the “unsafe condition” probably exists or is likely to develop on other Sikorsky helicopters. According to a representative of United Technologies Corp., whose Sikorsky unit manufactures the helicopters, the company has already replaced the defective stud in at least 59 of the 91 S-92 helicopters currently in operation.

Maritime Accident AttorneyAfter the Newfoundland helicopter crash, investigators began to look into whether the stud fractured before the crash or was smashed during the accident. A broken stud can lead to loss of oil pressure, potentially resulting in a gearbox problem and eventually loss of control of the chopper. Investigators have now determined that the titanium studs are indeed prone to fracture. The studs in the Newfoundland accident are believed to have fractured during the flight. In January, Sikorsky issued an alert asking helicopter operators to replace the titanium studs with steel ones.

Earlier this year, a Sikorsky S-76C helicopter carrying offshore workers crashed near Terrebonne Parish, Louisiana. The cause of that accident is still under investigation, but according to the National Transportation Safety Board, the crash could have been the result of a collision with a bird.

The Newfoundland crash, meanwhile, has caused several employees working in the offshore oil industry in Newfoundland and Labrador to consider quitting their jobs. The accident has caused many maritime workers there to rethink the nature of their jobs and weigh the perks with the risks.  The Sikorsky S-92 that crashed off Newfoundland has a reputation for being a highly advanced aircraft with sophisticated safety systems. The realization that these supposedly, advanced craft have fractured studs ultimately, responsible for the deaths of 12 offshore workers, has unsettled many maritime workers.

Maritime Lawyers

Helicopter operators who ferry offshore workers to and from shore need to make sure their aircraft are free of defects and are safe to use. Accidents like these can be avoided with stringent safety evaluations and check ups. People in the maritime industry, which is dangerous by nature, should not have to worry about making it to work safely on top of worrying about work safety.

If you have been injured or have lost a loved one in an offshore helicopter accident, a maritime attorney can help you. Contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

Appeal Hearings in Louisiana Maritime Accidents Damages Case Begin

An appeals court in Louisiana began its hearing of an offshore drilling company's objection to maritime damages awarded to a man who suffered post traumatic stress disorder (PTSD) after being involved in a jack up rig collapse accident.

Lonnie Cortney Campbell was one of several workers aboard the Parker Drilling Offshore USA jack up rig that partially collapsed on September 11th, 2003 off the Louisiana-Mississippi coast. The accident, which occurred while jacking up operations were in order, did not result in any fatalities. As the rig buckled, Campbell was thrown from his bunk and had to jump into the water. On top of, already terrifying events, Campbell did not know how to swim. Maritime Injury AttorneyHe suffered intense terror, unsure if rescue would arrive in time or if the rig would collapse on him. He suffered injuries to his wrist and back, but the emotional scars ran deeper. He has suffered from severe post traumatic disorder since the accident. In 2007, Campbell was awarded $952,966 including 200,000 in damages for PTSD.

The company appealed the verdict and insists that Campbell's physical injuries were the result of “preexisting conditions”. The company's attorneys have asked personal injury damages to be reduced and recalculated based on a lower federal interest from the date of the accident.

PTSD is an anxiety disorder that usually results after a person has been through a terrifying physical ordeal like an assault or an accident in which there was a physical threat. The disorder came into the spotlight after the Gulf War in the early 1990’s, when soldiers who returned from active combat began to suffer from nightmares, sleeplessness, anxiety, and socially withdrawn behavior. The symptoms of PTSD may not become evident for weeks after the incident, when they do surface they can include:

  • Sleeplessness
  • Anxiety
  • Nervousness
  • Disinterest in social relationships
  • Flashbacks of the or deal
  • Panic attacks
  • Drug or alcohol abuse

Maritime Accident Compensation

After a maritime accident, injured workers may be eligible for, not only immediate and short term medical expenses, like doctor bills and hospitalization expenses, but also medical expenses over the long term. An example of this would be treatment and counseling for post traumatic stress disorder, which usually results after a worker has experienced a serious life threatening accident. In Campbell's case, although his physical injuries were immediately visible, and therefore, could be mentioned in a maritime accident claim, the long term anxiety disorder that surfaced later was not as obvious. For this reason it is important to sit down with a maritime attorney before you decide to file a damages claim against an employer. An attorney may be able to include all expenses over the short and long term, so you get the complete compensation you deserve.

If you've been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

New GPS Flight System Promises Fewer Offshore Helicopter Accidents

A new satellite-based GPS, already operational in parts of Florida, could lead to fewer helicopter accidents as oil rig workers are transported to and from platforms.

The ADS-B, or Automatic Dependent Surveillance-Broadcast system, is part of the Federal Aviation Administration's (FAA) $20 billion plan to revamp the country’s antiquated air traffic control system over the next decade. Maritime Injury AttorneyThe system is expected to be in place within the next 5 years, but in parts of Florida, pilots are already using the satellite-based GPS data to obtain the same information air traffic controllers can see on their monitors. The GPS allows controllers to locate the position of an airplane far more accurately than they currently do with data from ground-based radars. With the new system, pilots and air traffic controllers will be able to access data generated by the second.

The ADS-B system will be especially beneficial in the Gulf of Mexico, where helicopter flights carrying oil rig workers currently operate without air traffic control monitoring. With an ADS-B system installed on a helicopter, the pilot will be able to observe the movement of other aircraft in the vicinity, thus reducing the risk of accidents. In addition to making offshore helicopter travel safer, the new system will also increase efficiency.

Helicopter Safety

Helicopters have replaced watercraft as the primary means of ferrying oil rig workers to and from shore. Using these helicopters has lead to greater efficiency and reduced travel time, however, as offshore helicopter traffic in the Gulf of Mexico has increased, so has the number of accidents. Earlier this year, a Sikorsky helicopter carrying offshore rig workers crashed in Terrebonne Parish, Louisiana. The helicopter was carrying nine oil rig workers from Louisiana to a Shell oil platform in the Gulf of Mexico. In 2007, a Bell helicopter crashed south of Sabine Pass; five oil rig workers including the pilot were killed in that accident.

Offshore helicopter operators will benefit greatly from installing the new system on their fleet. They stand to gain from greater safety, increased efficiency, and fewer maritime accidents and injuries.

If you've been injured in a helicopter crash or other maritime accident, you may be able to recover compensation with he help of a maritime lawyer. Contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

Bureaucratic Glitches Mean Galveston County Bridge Repair Work Stalled Again

Pelican Island Bridge, which is used daily by thousands of maritime workers to get to and from their workplace in Galveston County, may not be repaired anytime soon.  Just months after Galveston County Navigation District No. 1 requested $6 million from the Federal Emergency Management Agency (FEMA) to fund repairs, the agency says it may not be responsible.

The bridge, according to FEMA’s representative in Galveston, may fall under the jurisdiction of the Federal Highway Administration (FHA) and not FEMA. That means Galveston County Navigation District No. 1 will have to ask the FHA for the funds. According to federal rules, any activity must be funded only by the agency that is responsible for it. If the bridge does indeed come under FHA jurisdiction, the FHA would be responsible for funding the bridge repairs. FEMA is currently trying to whether the bridge falls under federal or state classification. Navigation district representatives believe they have a better chance of receiving the funds quickly if they work with the FHA. Dealing with FEMA has been a tedious process.

Hurricane Ike Damage

Pelican Island Bridge suffered extensive damage when Hurricane Ike swept through on September 13th last year. Temporary repairs had made the bridge barely usable for Texas A&M staff and faculty, as well as Galveston County maritime workers who constantly use the bridge. Speeds on the bridge post-hurricane dropped to 10 mph, but heavy rains in the middle of March washed out most of the temporary repairs. Motorists using the bridge have found it difficult to drive due to the gaping potholes that now run across the south end of the bridge.

District board members are frustrated at the delay of funds that would pay for permanent repairs to the road. Maritime Injury AttorneySoon after Ike, the district used its own funds to make temporary repairs to the bridge; FEMA assured the district it would be reimbursed for money spent on repairs by mid March. That was before FEMA realized it may not be responsible for the funding after all.

As agencies and bureaucrats squabble over who is responsible for funding repairs of Pelican Island Bridge, thousands of maritime workers continue to use the barely-patched bridge. These workers are not only being put to great inconvenience, but are also at risk of injuries and accidents.

Maritime workers who've been injured in an accident at work, can recover damages with the help of a maritime lawyer. If you've been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Twenty Years after Valdez Maritime Accident Exxon Continues to Hire Single Hull Tankers

Twenty years after the Exxon Valdez maritime accident which resulted in the worst maritime environmental disaster in U.S. history, the company continues to use single hull ships. After nearly 80% of super tankers in the world have been replaced by double hull tankers, Exxon continues to use unsafe, single hull ships.

On March 24th, 1989, the Valdez spilled 11 million gallons of oil into the Prince William Sound in Alaska. The tanker, which was on its way from Valdez to Los Angeles, California, ran aground, rupturing its hull and, ultimately, dumping oil into the ocean. It remains one of the most devastating environmental disasters in the world, with the oil slick reaching out to cover 11,000 square miles of the ocean. The short term effects of the spill were extensive; hundreds of thousands of animals and birds were killed instantly, including:

  • seabirds
  • otters
  • harbor seals
  • orca whales
  • fish eggs

Since then, the maritime wildlife in the area has continued to suffer from the long term effects of the oil spill including:

  • stunted growth
  • increased deaths rates

Maritime experts believe that we have yet to see the end of the Valdez impact. In a lawsuit filed against the company, it was revealed that the ship's captain had been drinking alcohol earlier that evening and left the bridge unmanned during the accident.

Ship design experts believe that if the Exxon Valdez had a double hull instead of a single hull the devastating impact of the spill could have been lesser. Double hull tankers come with a one inch thick exterior layer of steel that can absorb impact in the event of a maritime accident; the inner layer of steel is thus unharmed and can contain oil that otherwise would leak out.  Single hull tankers, on the other hand, come with a single layer of steel, when this layer is damaged there is nothing to stop oil from spilling into the ocean.

Maritime Injury AttorneyAcross the world, 115 countries have promised to ban single hull ships by 2015. In the U.S., single hull tankers are required to unload at the Louisiana Offshore Oil Port or other designated unloading points until 2015 comes around. Even as the world moves to avoid another massive and environmentally destructive maritime accident like the Valdez spill, Exxon continues to use single hull tankers. In 2008 alone, Exxon Mobil Corp. hired more older, single hull tankers than the other top ten oil companies combined. The company insists that the cost of hiring double hull tankers is not the reason for its failure to bring them into operation. Double hull tankers can cost up to 20% more to hire than single hull ships.

The Valdez disaster resulted in no injuries to workers aboard the vessel during the accident. However, the workers hired to take part in the clean up process suffered long term damage. These people ended up with oil accumulation in their lungs and blood. They suffered headaches and nausea, and some continue to suffer nose bleeds, lung problems, and several other mysterious illnesses that surfaced when they finished work on the clean up. Dozens of workers filed injury lawsuits. It is estimated that there could be thousands of workers who were injured by exposure to the toxic chemicals used to clean up the oil slick. Because Exxon did not allow government investigators to access medical records, those numbers may never be confirmed.

Maritime Injury Attorneys

Large oil companies have the ability to quickly cover up their negligence and avoid having to pay out damages in a maritime accident claim. These companies have access to teams of high dollar attorneys, therefore, it is important for you to be represented by an expert maritime attorney when you proceed to file claims against a company like Exxon. Even if you do not intend to file a claim, it is important to discuss your case with a maritime lawyer to evaluate all your options.

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP to discuss your case.

Maritime Fire Accident Aboard Galveston Ferry Boat

Galveston county fire fighters are investigating the cause of a Texas ferry boat fire that broke out in the engine room as the vessel traveling from Galveston to the Bolivar Peninsula. The March 21st fire resulted in no injuries.

The fire apparently ignited at 6:40 pm on the Gilchrist. The boat had just left the Bolivar landing when crew members noticed smoke from the engine. The boat was immediately turned around to return to the Bolivar landing. Fire fighters managed to extinguish the fire in half an hour. There were 65 to 70 vehicles on the ferry at the time of the fire, all of them were off-loaded without any damage. Passengers were not informed of the reason for the turnaround. Police continue to investigate the cause of the fire. The U.S. Coast Guard is also expected to visit the Bolivar ferry landing to conduct its own inspection of the Gilchrist.

Maritime LawyerFortunately, there were no injuries on board the Gilchrist. Fires on a water craft are often linked to explosions; the fire on the Gilchrist appears to have ignited in the engine. This can happen due to improper maintenance of the fuel system. Fires can also break out due to electrocution, when the vessel comes in contact with a live power line.

Crew members who work on ferry boats may be eligible for compensation under maritime laws in the event of an accident, because a ferry fits the definition of a Jones Act vessel.  Crew members working on the boat also qualify as Jones Act seamen under the provisions of the Act.

Why You Need a Maritime Attorney

Very often, maritime workers are not aware of their rights in the event of an injury or accident. For this reason it is imperative that ferry boat, cruse ship, and other vessel crew get in touch with a maritime lawyer immediately after an accident. An attorney will determine whether you fall under the purview of maritime laws and help you draft a damages claim. Damages can include medical expenses, hospitalization expenses, costs of rehabilitation, etc.

If you have been injured in an accident aboard a ferry boat, cruise ship, barge, or other vessel, contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Oil Rig Worker Files Maritime Lawsuit against Drilling Company for Fall Injuries

A maritime worker who sustained serious injuries as a result of a fall into a 4-foot opening on an oil rig filed a maritime lawsuit against Diamond Offshore Drilling in Jefferson County District court. The worker, Jesus Perez, was working on a submersible oil rig called Ocean Washington in March 2007 when the accident occurred.

The suit alleges that Diamond Offshore Drilling was responsible for the fall because of defective grading that resulted in the formation of the opening. At the time of the accident, the platform had been docked at a shipyard in Sabine and was undergoing repairs. Perez was involved in performing repair work when he fell into the opening. He was an employee of Prime Electrical Services which was hired by Diamond Offshore Drilling for the repair work. The fall left Perez with arm, shoulder, hand, and neck injuries. The accident resulted in extensive medical expenses as well as long term physical impairment. Perez also claimed:

  • lost wages
  • loss of future earning capacity
  • mental anguish
  • pain and suffering

He is seeking damages in addition to interest and other costs he sustains.

Oil Rig Accident AttorneyIt appears that the drilling company was negligent in providing a safe working environment for Jesus Perez. The opening of the platform that Perez fell into, according to the lawsuit, was the result of misplaced grading; the drilling company was responsible for making sure that such potential hazards were absent from the platform.

In the accident, Perez was not technically a seaman, but he is still eligible to receive compensatory benefits under the Longshore and Harbor Workers' Compensation Act. This act covers all people working on a vessel and engaged in repairs, unloading, and loading of cargo and other maritime activities. Workers covered under this act may be eligible to receive a benefits package that includes medical expenses, disability payments, and the costs of rehabilitation after an injury.

Maritime Accidents

Injured workers may not always be aware of their rights under maritime law, which is why it is important to seek the counsel of a maritime attorney before accepting the benefits package offered by a company. A maritime attorney can advise you on the kind of benefits you are eligible for, ensuring that you receive the full compensation you deserve.

If you've been injured in a maritime accident, contact the maritime attorneys at Arnold & Itkin LLP to answer any questions you may have about compensation.

Damaged Galveston County Bridge puts Shipyard and Offshore Workers at Risk

Thousands of Galveston County maritime workers, including shipyard and offshore workers are in danger of injury during their daily commute to work. Due to a shortage of funds, county authorities stopped work on a repair project on Pelican Island Bridge, which is used daily by the workers.

The bridge over the Galveston ship channel suffered extensive damage during Hurricane Ike. It is stable, but maritime workers, as well as Texas A&M University staff and students who use the bridge daily are forced to drive at 10 mph to cross. Before the Ike damage, the speed limit along the bridge was 35 mph. The bridge underwent emergency repairs soon after Ike and was back to normal operations less than a week after the water receded. Maritime AttorneyGalveston County Navigation District No.1 paid Texas Gulf Company $1.5 million to repair the bridge, but in early February the project was shut down due to shortage of funds. A local contractor Lamson Nguyen has agreed to take up the task of filling potholes on the bridge free of cost. However, the fact is that the 50-year-old bridge is in need of permanent repairs. The district has no funds available to continue the work and has requested $6 million from the Federal Emergency Management Agency. In addition to the badly damaged bridge, the district needs an additional $3 million to repair a fender system, which protects Pelican Island Bridge from passing boats. If federal funds are not forthcoming, the district has indicated that tax rates may have to be increased in order to fund repairs.

As in many other states across the country, essential infrastructure projects are being slashed due to shortage of funds. The economic recession has led to budget deficits nationwide, and it's having a telling effect on citizen safety. Everyday, Pelican Island Bridge is used by maritime workers, including shipyard and offshore workers to commute to work. Although authorities have confirmed the bridge is passable and should not pose a risk to workers, repairs must be conducted soon so workers are safe and put to as little inconvenience as possible.

Maritime Injury Attorneys

People injured in maritime workplace accidents are eligible for benefits under maritime laws, including the Jones Act and the Longshore & Harbor Worker's Compensation Act. A maritime attorney can help you determine the laws under which you are eligible for compensation and file claims under these laws.

If you have been injured in a maritime accident, contact a maritime accident attorney at Arnold & Itkin LLP for a free consultation.

Beaumont, Orange Ports Receive $4 million Grants Each

Maritime employees who work at the Port of Beaumont and the Port of Orange can look forward to better infrastructure and, in turn, to improved efficiency and safety as a result of substantial government funding for the ports released February 18.

Port of BeaumontThe ports will receive $4 million each from the U.S. Economic Development Administration, as part of federal economic recovery efforts. The Port of Beaumont has released a statement confirming that it will use its share of funds for rail improvements on its Orange County property. The Port of Orange will invest the money in the development of cargo transportation infrastructure at its Sabine River property. These investments are expected to increase efficiency at both ports. For instance, with new infrastructure, cargo can be transferred directly from the Port of Orange to the Port of Houston. Currently, cargo from the Port of Orange has to go through Port Arthur or Port of Beaumont. Port of OrangeNew infrastructure will also add to the efficiency of cargo shipping operations from the industrial plants on Chemical Row. Port of Beaumont's investment of the federal funds is expected to create hundreds of jobs, in addition to increasing the capabilities of the port by at least 50%. The Orange County property will include deep access capabilities, as well as development of a new dock. The port will not depend solely on federal funds to finance these ambitious new infrastructure projects. According to Chris Fisher, Port of Beaumont's executive director, the total funding from the Economic Development Administration is $134 million and has been distributed to other Texas ports, as well as ports in Louisiana, Oklahoma, Arkansas and New Mexico.

Anytime a port invests in infrastructure and other development projects thousands of maritime workers, longshoreman and port workers benefit. Updated infrastructure means enhanced safety for maritime workers and a markedly reduced risk of injuries and accidents.

Texas Maritime Attorneys

The maritime attorneys at Arnold & Itkin LLP have helped hundreds of injured maritime workers recover compensation for injuries sustained on the job.

If you have been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free evaluation of your case.

Maritime Firm Involved in Mississippi River Accident Used Unlicensed Workers

Investigations into a massive 2008 oil spill on the Mississippi River reveal negative details about the practices at the shipping firm that owned the tugboat. The company apparently habitually used maritime workers who lacked proper licensing.

Former port captain, Jim Sellers, testified at a Coast Guard hearing in New Orleans. He explained that the company, DRD Towing, often substituted unlicensed personnel in place of qualified employees.  Maritime LawsuitWhen the tugboat, Mel Oliver, pushed an oil barge into the path of an oncoming ship last July, apprentice mate John Bavaret was at the helm. Bavaret did not have the licensing needed to operate the tugboat, he was "filling in" for Terry Carver, the captain of the ship. Carver, according his own testimony, jumped ship a few days before the tugboat accident to pursue his girlfriend in Illinois. He asked Bavaret to take his place at the helm of the tugboat. Bavaret's inexperience and lack of qualifications for the job resulted in an accident that ended with more than 280,000 gallons of fuel spilled into the Mississippi River. According to Jim Sellers' testimony, hiring inadequately licensed crew members was a regular practice at DRD Towing. The company, which closed down in August, had previously substituted an unlicensed deckhand for an apprentice mate. According to Sellers, he tried, on many occasions, to caution his employers at DRD Towing that the practice of staffing the vessel crew with insufficiently licensed personnel could end up causing problems for the company.

Sellers' testimony is part of investigations into the accident after which the Coast Guard will recommend appropriate penalties for those responsible for the accident. The Mel Oliver - Tintamora accident resulted in no injuries or deaths. The injury-free accident can be attributed to luck rather than any foresight or efficiency on Bavaret's part. The kind of indiscriminate hiring practices going on at DRD Towing were a maritime disaster waiting to happen.

Maritime Injuries

Very often, injuries on board a vessel are the result of the negligence or recklessness of employers, who create unsafe conditions for their workers in an effort to cut costs. For instance, DRD Towing's practice of hiring unqualified workers was an attempt to cut down on overheads by hiring cheaper labor. In cases like this, maritime injury victims can claim compensation for their injuries under the Jones Act with the help of a Louisiana maritime accident lawyer.

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP for a free evaluation of your case. 

Louisiana Seaman Files Lawsuit Alleging Failure to Provide Proper Medical Care

The maritime attorneys at Arnold & Itkin LLP are proud to represent a Louisiana maritime worker in a personal injury lawsuit against his employers for failure to provide proper medical treatment.

The seaman, David Charbonnet, filed the lawsuit under the Jones Act against his employers, Grand Oil and Gas, Laredo Offshore Services, and Laredo Offshore Constructors in January. Charbonnet was employed as a seaman on the vessel L/B Petite, Injured Maritime Workera Class 150 lift boat used for work on offshore drilling rigs and platforms. In March of 2007, when he began experiencing stomach pains, Charbonnet requested that his employers provide medical care; his request was denied. At the time, the vessel was just off the Jefferson County shore. Lack of immediate medical attention intensified Charbonnet's symptoms and, as a result, the seaman suffered extreme “physical pain” and “mental anguish”. Charbonnet was later diagnosed with ulcerative colitis. The lawsuit claims that the illness resulted in physical impairment, discomfort, distress, and mental anguish. It also alleges that the employers were negligent in: their failure to provide immediate medical attention, their failure to supervise crew and train employees, and their failure to provide safety equipment and a safe workplace.

Maritime Injuries

Offshore workers who regularly work many miles from land and away from families have a right to expect timely medical attention, if necessary. Medical care can include access to a doctor, as well as, access to any medications necessary to treat an illness. Offshore workers work in an isolated environment, far from the general community; this can easily cause emotional suffering when one falls ill or suffers an injury. Any delay in providing medical care to these employees can extend their suffering and leave them permanently debilitated. Failure to provide immediate medical care can, therefore, be the basis for a claim against a company. A maritime lawyer can help in drafting such a claim. 

If you have been injured in a maritime accident, contact a maritime accident attorney at Arnold & Itkin LLP for a free consultation.

Maritime Worker Killed in Florida Port Accident

A longshore worker was killed on the job while transporting cargo in Jacksonville, Florida. Investigations into the accident are being conducted by both Jacksonville police and the Occupational Safety and Health Administration (OSHA).

According to a representative of the Jacksonville Port Authority, 51-year-old Gregory Daise, an employee of Coastal Maritime Stevedoring, was killed during vessel cargo operations on February 19th. The events leading up to and causes of his death are being investigated by Jacksonville police and OSHA. There is currently no additional information available on the details of the accident. Maritime Accident AttorneyCoastal Maritime Stevedoring LLC is a stevedoring company based in Jacksonville, Florida; the company provides loading and unloading services for various kinds of cargo, in addition to warehouse and marine terminal management. The company is capable of handling over sized and unusual cargo, including: military cargo, water crafts, locomotives, cranes and construction machinery. Daise was apparently involved in transporting cargo for Coastal Maritime at the time of the accident.

Maritime workers who perform essential activities related to the industry such as loading and unloading of cargo and repairs of equipment and machinery on any kind of maritime vessel, including platforms, rigs and ships are covered under a maritime law called the Longshore and Harbor Worker's Compensation Act. These employees are not technically Jones Act seaman because their work does not involve being stationed on navigable waters for long periods of time and they do not fulfill the criteria mentioned in the Jones Act. Often, longshore workers perform loading and unloading operations in the port and injuries received during such activities qualify for compensation under LHWCA laws. Longshore benefits cover injured workers as well as deaths. In case of death workers' dependents are eligible for benefits under the LHWCA.

Maritime Accident

Our team of Florida maritime attorneys at Arnold & Itkin LLP have represented hundreds of longshore workers who have been injured on the job. We have helped many recover physically, emotionally and financially from devastating accident.

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP for a free evaluation of your case.

Cosco Busan Maritime Accident Blamed on Pilot Incompetence

The Mel Oliver-Tintamora tugboat oil barge accident in Louisiana last year and the collision of the Cosco Busan with the San Fransisco-Oakland Bay Bridge in 2007 both resulted in massive oil spillage, affecting commerce in the region. Fortunately, no one was injured in either accident.

Much like the Mel Oliver incident, the Cosco Busan accident has been traced back to pilot's incompetence. According to the National Transportation Safety Board (NTSB), the Cosco Busan accident was caused by errors made by a pilot who was "medically unfit”. This, combined with a lack of communication between the pilot and the captain, led to the cargo vessel colliding with the Bay Bridge. The accident resulted in 53,000 gallons of oil spilling into the San Francisco Bay. Thousands of birds were killed and clean up efforts cost more than $70 million. Jones Act Maritime LawyerAccording to the NTSB, Cosco Busan pilot, John Cota, bore most of the responsibility for the accident due to his failure to read radar data properly. Also, at the time of the accident, Cota was, reportedly, taking as many as 11 different medications for various conditions, ranging from alcoholism to depression. The Board vocalized the reaction of many maritime attorneys when they learned the vessel's pilot was steering his 68,000-ton ship under the influence of prescription medication, explaining "How [he] got to stand on the bridge of a 68,000-ton ship and give directions to guide the vessel through a foggy bay and under a busy highway bridge, is very troubling." Cota, it now appears, failed to report the kinds of medication he was taking when his pilot's license came up for renewal. The NTSB also found the ship's captain Mao Cai Sun to blame due to his failure to communicate effectively with Cota. The shipping firm that operated the Cosco Busan, Fleet Management, is also being held responsible and is expected to be charged for violation of environment laws.

Poor oversight of ship crew's senior members can put the lives of other crew members and innocent bystanders in danger. Incompetence of pilots and captains, like Cota's conduct in a drug-hazed stupor, can cause other maritime workers on a vessel serious injuries. When injuries are caused by the negligence of other employees, workers may eligible for compensation from their employer under Jones Act laws. 

Maritime Injury Attorneys

The attorneys at Arnold & Itkin LLP have represented hundreds of maritime accident victims in Louisiana, Texas, Alabama, Mississippi and Florida. 

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP for a free evaluation of your case.

New Maritime Safety Laws Go Into Effect

A new maritime safety law that requires workers to have identification cards in ports and riverfront plants in Louisiana, Texas, Florida, Alabama, Mississippi and other ports around the country went into effect in much of Louisiana 3 weeks ago.

The rules, mandated by the Maritime Transportation Safety Act, require workers who need access to the riverfront to obtain a Transportation Worker Identification Credential (TWIC). Having TWIC cards to identify workers is expected to enhance maritime safety. Those who fail to obtain the cards will have no access to their usual work areas until they get one. Under the rules, any one who wishes to access the dock or go through the riverfront Maritime Lawyerto report for work at a plant must have the TWIC. Workers who do not have the identification card will require an escort to access these areas. In Louisiana, the program went into effect on January 13th and will follow in all American ports by April 14th. Industries have been preparing for the roll-out for several months now and many of them report that their workers are equipped with the cards. Workers who have delayed in siging up for their card will spend several weeks being escorted to docks and riverfront facilities. This is because the procedure involves intensive background checks before the card can be issued. According to the Transportation Security Administration, approximately 800,000 workers have already registered for the identification card program and 1.2 million are expected to be equipped with the cards before the final deadline in April.

Across the region, other ports including, Houston, Texas City, Galveston, Port Arthur, Orange Beaumont and Port of Lake Charles are hard at work trying to comply with TWIC rules before the April 14th deadline. The ports of Corpus Christi, Brownsville, Victoria and Point Comfort met their compliance deadline November 28th of last year. The Port of Mobile Alabama District's compliance date was December 28th, while the Saint Petersburg Florida District and New Orleans District was January 13th. The rules that aim to bolster maritime safety at our ports apply to higher management at companies that work in these regions also.

Maritime Safety

Oil companies, drilling companies and other maritime employers are required to make sure that work conditions for their employees are as safe as possible, this includes providing a secure environment in light of the new threats our ports face.  Damages for maritime injuries suffered by a worker in the absence of such safe working conditions can be claimed under several maritime laws including the Jones Act, the Longshore & Harbor Workers' Compensation Act as well as other laws that protect maritime workers from employer negligence.  A Louisiana maritime attorney can help you evaluate your claim and get the compensation you deserve.

If you have been injured in a maritime accident, contact a maritime accident lawyer at Arnold & Itkin LLP for a free evaluation of your claim.

New Iberia, Louisiana Man Appeals in Maritime Accident Benefits Case

A New Iberia maritime worker, who was injured while working aboard an off shore jack up drilling rig, was denied his claim for benefits and has now appealed to the 5th U.S. Circuit Court of Appeals in New Orleans, Louisiana.

Gary Dance worked as a supervisor for Ensco Offshore Company of Broussard, Louisiana. On the day of the accident he was working aboard an off shore rig called the Ensco 93. There were fewer workers than were needed to set rigging up and Dance, who was only required to supervise employees, had to join in the rigging efforts along with the other workers. As he bent down to pick up a C clamp, he injured his back and suffered extreme pain; doctors later diagnosed the injury as a herniated disc. Dance sued the company, claiming that on the day of the accident he informed his higher ups that the rig was short staffed and he would need more employees. He also asked for additional equipment, but the company ignored both his requests. Dance's lawsuit claimed that the oil rig was unseaworthy and that the company failed to provide him with a safe working environment. Last year, a court dismissed his $3 million lawsuit. He has now appealed to the 5th U.S. Circuit Court of Appeals. Ensco was so confident they would win the appeal that their officials made a pitch for more workers as they left the court, citing their established safety record in the Gulf of Mexico.

Covered under Jones Act rights, oil drilling companies are required to make working conditions safe for employees, this includes making sure all processes are handled by an adequate number of trained staff members who have access to proper equipment. Failure to do this can result in unforeseen injuries like the one that left Gary Dance permanently disabled.

Louisiana Maritime Injury Attorneys

These large corporations have access to considerable financial and legal resources, which help them deny claims to injured workers. Going up against one of these companies for a benefits claim can be a tiring and time consuming process, therefore, it is necessary to have an expert Louisiana maritime attorney on your side, building a winning case for you.

At Arnold & Itkin LLP, we have years of experience representing maritime and off shore oil rig workers in benefits claims and lawsuits, and helping them recover the compensation they deserve.

If you have been injured on an off shore oil rig, contact a Louisiana maritime attorney at Arnold & Itkin LLP for a free evaluation of your claim.

Worker Electrocuted on Chemical Tanker Off Galveston, Texas

A 24-year-old chemical engineer and graduate of the Massachusetts Maritime Academy (MMA) was killed in an electrocution accident, in January, while working aboard a chemical tanker off Galveston, Texas.  

There are no specifics about the accident, but it appears that the 24-year-old third assistant engineer Christopher Erickson was holding a wire when a circuit breaker was tested. Erickson was working on board the Sea River Wilmington, a tanker owned by a subsidiary of Exxon Mobil. The tanker was engaged in transporting cargo between ports along the East coast. At the time of the accident the vessel was anchored 12 nautical miles off the coast of Galveston, Texas. As soon as the accident took place, the Coast Guard was notified and Erickson was transferred to a hospital in Houston, however, he died soon after due to his injuries. Students and staff at the MMA have expressed their sadness over Erickson's death, who was considered one of the brightest young cadets to graduate from the academy. He graduated cum laude from his engineering class and was a brilliant athlete.

The oil industry has the highest fatality rate of workers in American industry work. The range of challenges that an employee can face are enormous. While conditions in the industry are laced with risk, many of these risks can be eliminated if employers follow all procedures to make the maritime environment as safe for employees as possible. There are no details on how the circuit breaker came to be tested while Erickson was holding the wire, but if investigations show that there was negligence somewhere along the line, it would not be the first time a maritime employee suffered the consequences. Because of his job as a Jones Act seaman, Erickson's family may be entitled to compensation benefits that are included under the Jones Act.

Why You Should Consult a Maritime Injury Attorney

Employers generally prefer to pay as few maritime benefits as possible.  The family of a worker who dies in an accident on navigable waters may file a maritime wrongful death claim that covers a range of benefits payable to the family. The family may be urged to close the case with the benefits package offered by the company without thinking about other, less obvious expenses they may have to face down the road. This is why it is necessary to consult with a maritime attorney before agreeing to any compensation package offered by the company.

If you've lost a loved one in a maritime accident you should contact a maritime attorney at Arnold & Itkin LLP for a free consultation.

Injured Louisiana Oil Worker Ruled Eligible for Longshore Harbor Benefits

An appeals court has ruled that a Louisiana oil worker who suffered injuries while working on an oil production platform is eligible for maritime employee benefits, although his work largely consisted of non-marine activities.

Terry Hudson was working on an oil production platform along the coast of Louisiana, when a salt water pump explosion left him with serious injuries. Hudson applied for compensation under the Longshore and Harbor Workers Compensation Act (LHWCA), but his claim was rejected.  Coastal Production Services Inc., Forest Oil Production and the insurer ACE American Insurance Company, rejected the claim on the grounds that the injuries occurred on a platform, which is normally used for oil separation and storage purposes. The platform is also used as living quarters for company employees. According to the grounds for rejection, the platform was not used as a site for maritime activities. The closest maritime activity to the platform was the loading of oil cargo which took place on a nearby barge. Loading and unloading of the cargo are just one of the duties that maritime workers who are eligible for benefits under LHWCA are engaged in.

Hudson appealed, and now his stand has been vindicated by a review panel, as well as the 5th U.S. Circuit Court of Appeals. The judgment decided that even if the exact spot where the injury occurred is not meant for cargo loading activities, the maritime worker is still eligible for compensation benefits if that spot is somehow involved with the loading of products. Here, the platform where the accident occurred is used for storage of oil that would later be loaded onto ships.

Workers who fall under the Longshore and Harbor Workers' Compensation Act are eligible for certain compensation benefits even though they are, technically, not seamen. The Jones Act benefits are only available to seamen as defined by the act, and the LHWCA was passed to protect workers who are not seamen, but still perform important activities like loading and unloading cargo or building and performing repairs on vessels, terminals and platforms. These benefits include payments for medical expenses, rehabilitation and compensation for any occupational disease that may arise in the course of maritime employment.

Maritime Injury Claims 

People who have been injured in an accident on board a tanker, oil rig or other vessel may be eligible for benefits and should seek the counsel of an experienced maritime lawyer.

If you have been injured in a maritime accident, contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

Louisiana Helicopter Crash Investigations Turn Focus to Oil Rig Workers' Safety

As investigations in the helicopter crash in Terrebonne Parish, Louisiana that killed 8 offshore rig workers continue, the safety of riggers and engineers who constantly use helicopters on the job, is receiving much needed attention.

The Sikorsky S-76 C helicopter that crashed 10 minutes after taking off, was carrying 9 workers from Amelia, Louisiana to an oil platform in the Gulf of Mexico owned by the Shell Oil Company. The helicopter was owned by PHI Inc.  The workers on board the helicopter were on their way to repair damages caused by Hurricane Gustav.  

The crash has turned attention to the safety of the hundreds of offshore workers required to frequently travel between rigs and platforms by helicopter. Air travel has not been a major cause of maritime accidents and fatalities in the oil and gas industry; one of the country's deadliest sectors. The mortality rate in this industry is estimated to be up to 7 times greater than in other sectors. Between 2003 and 2007, 526 people died on the job in the oil and gas industry; 20 of these died in air accidents. The biggest danger to workers in the industry comes from accidents in the field, such as being hit by falling objects, which alone causes more than 50% of all oil rig accident-related deaths. Over the past decade, the worker death rate in the industry has doubled from 15 deaths in 1999 to 30 deaths for every 100,000 workers in 2007. According to the Centers for Disease Control and Prevention, the increase in the number of deaths in maritime accidents can simply be attributed to increased drilling activity. 

Helicopter Crash Maritime Accidents

In 2008, a Bell 206 helicopter headed to a drilling platform 18 miles off the coast crashed into the water, killing the pilot and 4 oil field workers on board. The accident is still under investigation. Everyday, hundreds of helicopter flights are routinely made, transporting employees to and from rigs and platforms. The majority of these end safely, but the risk of injuries and fatalities with this concentration of aviation traffic in the industry is very real, as proven by the Terrebonne Parish helicopter crash.

If you have been injured in an offshore accident, you will need expert representation by an experienced maritime lawyer to ensure that you recover the compensation you deserve from all parties. At Arnold & Itkin LLP, we have the skills necessary to successfully represent you. 

Contact an experienced maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

 

Flight 1549 Lawsuits Could be Governed by Maritime Laws

A maritime accident attorney believes that maritime laws could possibly apply to any civil lawsuits that may be filed by the passengers of U.S. Airways Flight 1549, which crash landed in the Hudson River on the 15th of January.

According to Manhattan attorney John Hession, the application of maritime law in the Hudson River crash would be appropriate because the jetliner landed in the Hudson River. At the moment of landing, the plane stopped flying and began to float like a vessel, therefore, any claims arising out of the accident should be considered under maritime laws that govern vessels on waters. This point of view has been corroborated by another lawyer who also says he would consider invoking maritime law if retained to represent any passengers on Flight 1549.

The universal admiration for the pilot and crew of Flight 1549, and the manner in which they were able to land the plane safely without any major injuries to the passengers has caused excessive media attention and, therefore, discussion of potential lawsuits. However, there have been no confirmed lawsuits filed. All 150 passengers and 5 crew members were safely evacuated from the plane before it began to submerge into the icy waters of the Hudson. The Coast Guard as well as ferry boats that were plying the Hudson River at the time, were able to mount emergency rescue operations within 15 minutes of the crash landing. Another reason there have been no lawsuits filed is the lack of serious physical injury caused to the passengers. However, emotional distress as well as the physiological impact felt in the moments before the crash could be considered grounds for a claims lawsuit. U.S. Airways has already made what some consider, a preemptive strike, sending all passengers a check for $5,000 to hold them over financially until they receive their personal belongings.

Not everyone agrees that maritime law could be applied to the Hudson River crash lawsuit. In the absence of any litigation action initiated by any of the passengers, most of these discussions over whether a crash landing on water constitutes a maritime accident could be just that – speculation. There has, however, been one precedent that could justify the application of maritime law to Flight 1549. In 2001, an American Airlines plane crash landed in Belle Harbor killing 265 people. A judge ruled that because the plane was carrying passengers over the ocean, and because the stabilizer fell into the water putting maritime commerce at risk, the case could fall under maritime jurisdiction.

 

Application of Maritime Laws

 

Maritime accidents refer to those that happen on a vessel – that includes a rig or platform - on navigable waters. There may be other rare and exceptional circumstances that call for the application of these laws. Only an experienced maritime injury attorney can help you decide the kind of laws that apply to your case.

If you have been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP to discuss the compensation and benefits you may be entitled to.

 

8 Offshore Rig Workers Killed in Helicopter Accident in Gulf of Mexico

Investigations are ongoing in an early January helicopter crash in Terrebonne Parish, Louisiana that killed 8 offshore rig and maritime workers and injured at least one person.

The National Transportation Safety Board is conducting investigations in the crash involving a Sikorsky S-76C owned by Petroleum Helicopters Inc. (PHI), a Lafayette based company. The helicopter was on its way to a Shell Oil platform in the Gulf of Mexico when it crashed into a marsh near Bayou Penchant. The 8 people killed in the crash were offshore rig workers. At least one family has already filed a lawsuit against Petroleum Helicopters Inc.

In recent years helicopters have become one of the main modes of transportation used to ferry rig workers and maritime equipment to offshore platforms. As technological advances allowed the construction of rigs in deeper waters, maritime companies and oil companies began to find it cheaper and more efficient to transport rig workers and equipment by helicopter rather than by ship, as was the case earlier. According to statistics from the Helicopter Safety Advisory Conference, which collects data from about 15 operators in the Gulf of Mexico region, close to 3 million passengers on 600 helicopters traveled the Gulf of Mexico region last year. With more and more helicopters being pressed into service, the risk of accidents has increased.

According to an earlier report by the National Transportation Safety Board, the Gulf of Mexico helicopter fleet is at a higher risk for accidents than the national rate. Petroleum Helicopter Inc. operates 162 aircrafts that regularly transport workers and equipment to platforms in the Gulf of Mexico. In the past decade alone, accidents involving helicopters owed by the company have killed at least 30 people, including those who died in January.

Offshore workers like engineers, riggers and laborers are constantly required to travel between platforms. While workers may disregard such nominal things as transportation risks, the fact is their mode of transportation is a risky one.

Investigating a Maritime Helicopter Accident

There are several factors that can go into the investigation of a maritime helicopter crash. Fleet records should be investigated to rule out mechanical malfunction of the chopper, and the possibility of pilot error must be probed thoroughly.  A maritime accident lawyer must have access to resources that will make such investigations possible.

At Arnold &Itkin LLP, we have represented dozens of maritime workers over the years and have obtained fair and just compensation. 

If you have been injured in a maritime helicopter accident, contact a Louisiana maritime accident lawyer at Arnold & Itkin LLP.

 

Galveston, Texas Seaman Files Lawsuit for Maritime Injury On Board Ship

A seaman in Galveston, Texas filed a maritime injury lawsuit against a marine company for injuries he sustained while working aboard a ship. The lawsuit alleges, among other things, that the company failed to adhere to maritime laws applying to the rights of seamen.

Morgan Whittington was working on board the Miss Sally when a collision with other barges knocked him into a wall. The impact of the collision caused an ice box to fall on top of him, leaving him with back, neck, hand and leg injuries. The lawsuit claims that as a result of the accident, Whittington, in addition to foregoing any earning capacity he had in the days since the accident, has lost the capacity to work in the future. The lawsuit, filed in the Galveston County District Court, blames Breathwit Marine Contractors Ltd. for failing to secure the box. Whittington claims that the company has failed to pay his medical bills and also accuses the company of violating maritime laws.

Seaman Rights

The rights of a seaman in the event of an accident are additional to the rights entitled to them under the Jones Act. When an accident occurs while the seaman is engaged in duty aboard a vessel, medical expenses including: hospitalization, medication, access to medical equipment and a doctor are the responsibility of the employer. This responsibility is unconditional. The seaman is also entitled to benefits from the employer related to meeting daily living expenses such as: food and grocery bills, utility bills etc. These benefits, along with the medical benefits seamen are entitled to, are collectively referred to as maintenance and cure benefits. These, however, automatically end when a seaman is declared to have reached Maximum Medical Improvement or MMI. Maximum Medical Improvement refers to a stage in which a person is deemed to have reached a healing plateau where no additional amount of medication or treatment can improve the existing condition.   In Whittington's case, winning the benefits that he is entitled to will involve proving that he has not reached MMI and that the employer's responsibility to pay his medical bills as well as maintenance of his day-to-day living expenses, still applies.

Many times, employers refuse to pay out rightful benefits, delay payments, or pay out fewer benefits than the worker is entitled to. Negotiating these benefits can be difficult when a worker lacks knowledge not only of his own rights, but also knowledge of the employer's responsibilities. That is where an experienced maritime attorney comes in – to make sure that a seaman receives the compensation to which he is entitled.

The maritime accident lawyers at Arnold & Itkin LLP are dedicated to providing Texas seamen with expert representation that results in a fair settlement. If you or a loved one has been injured in an accident at sea, contact a maritime injury lawyer at Arnold & Itkin LLP for a free consultation.

Louisiana Tugboat-Oil Barge Accident Cause Traced to Captain's Romance Troubles

A tugboat - oil tanker accident that occurred early in July 2008 in Louisiana's New Orleans Harbor can be blamed on the captain's rocky love life. There were no injuries in the maritime accident involving the tugboat Mel Oliver, but it did cause a massive oil spill in the Mississippi River.

The accident occurred on July 23rd when the tugboat being piloted by John Bavaret III turned abruptly in the path of the oil tanker, Tintomara. The tanker collided with the fuel oil-containing barge being towed by the Mel Oliver. The accident resulted in the barge being split in two, and more than 280,000 gallons of fuel oil spilling into the waters of the Mississippi River. The spill took days to clean, and the busy river channel was shut down for at least six days while crews worked on containing the oil spill.

As investigations now show, Bavaret who was piloting at the time of the tugboat accident was the apprentice mate of Terry Carver, the captain of the tugboat. Apparently, Carver testified that on the 20th of July, he had received a telephone call from his nephew telling him that he had seen Carver's girlfriend with another man. That was all it took for the lovesick captain to abandon his plans for piloting the tugboat, and rush after his lady. He left the piloting duties to his apprentice mate. Bavaret did not have a master's license, and was ill equipped to pilot the boat. The accident had disastrous environmental effects, although it did not cause any serious injuries.  Carver kept in contact with the tugboat on cell phone, with a deckhand giving him information about the accident when it occurred. 

Tugboat Accidents

The Mel Oliver-Tintamora accident resulted in an expensive clean up of the Mississippi River and massive business losses, as the channel was shut down to allow clean up operations. It was extremely fortunate that none of the crew members aboard the tugboat or the oil tanker were injured in the accident. Serious injuries were a very real possibility in this maritime accident. As is now obvious, nobody aboard the tugboat had a master's license to operate the boat. Maritime law requires that only a crew member with a master's license pilot a tugboat. 

The Jones Act offers seamen a number of rights that protect them in the event of injuries caused by maritime accidents. Under the Act, a seaman is eligible for compensation from his employer, not only when an accident is caused by the employer's failure to provide safe working conditions, but also when the negligence of a crew member causes the accident. The Mel Oliver story isn’t yet complete, and it's not certain who approved and allowed the tugboat to be piloted by an unlicensed apprentice mate, but one thing we know for sure – there was negligence toward the safety of the Mel Oliver and its crew.

When a maritime accident is caused by the negligence of fellow crew members, a Jones Act seaman may seek the help of a maritime lawyer to obtain compensation for his injuries.

If you have been injured in a maritime accident, contact the experienced Jones Act maritime lawyers at Arnold & Itkin LLP for a free consultation. We can answer your questions and help you understand your options for seeking compensation for your injury.

 

Fog Shutdown at Houston Port to Prevent Maritime Accidents

The Houston ship channel was closed for a couple of days over the Christmas season as a precautionary measure to prevent the possibility of maritime accidents after fog reduced visibility to a minimum at the mouth of Galveston Bay. The Port was closed at 10 am on the 25th of December.

Heavy fog can impair visibility making it difficult for pilots who are required to guide deep water vessels through a waterway. In case of lowered visibility due to fog, maritime safety regulations call for a crew to wait out the fog before setting out in the deep waters. In case of a fog situation where the port remains open, the ship's pilot, master or the company that owns and operates the vessel may make decisions about whether to proceed under these adverse conditions. 

Maritime accidents can easily occur when a vessel is caught in extremely poor visibility. In March of this year, the Costa Busan set off from the Port of Oakland in foggy weather, and sideswiped the Bay Bridge. The result was a spill of thousands of gallons of oil into the Bay. Later, it was found that the ship had sailed on even when crew of other ships had decided to wait out the heavy fog before proceeding. Fortunately, the Costa Busan accident did not cause serious injuries to crew members although it wreaked havoc on the delicate ecosystem of the Bay waters.

Jones Act Rights Protect Seamen from Injuries Caused by Another Employee

The Jones Act provides several rights for seamen who may be injured in the course of duty because of negligence of their employer or another worker. Benefits under the Act can include reimbursement of lost wages, as well as medical expenses. Many seamen know that they have rights to sue their employer for his negligence, but fewer may be aware that under the Act, a Jones Act seaman has the right to sue his employer if the actions of other members of the crew were responsible for his injuries. A decision to proceed with navigation in the midst of a heavy visibility-reducing fog, if it ends in an accident and injuries, amounts to professional negligence on the part of the pilot, master or whoever was responsible for the decision. 

Litigation in a maritime accident involving negligence by another employee requires expertise in Jones Act Rights, including those that protect against negligence of fellow workers. If you've been injured in a maritime accident, you need the skills of a maritime lawyer who has expertise and experience in these matters.

Contact a Jones Act maritime lawyer at Arnold & Itkin LLP for a free evaluation of your case. We can answer your questions, and help you understand your options.

 

Electrician Files Lawsuit Against Houston Maritime Company For Injuries On Job

A DeWitt County electrician has filed a personal injury lawsuit against a Houston maritime company for injuries that he suffered on the company's vessel during the performance of his duties.  The lawsuit was filed in the Galveston County District Court against the employer, Diamond Offshore Services Company.

There are no details yet on the kind of injuries sustained, and the nature of the tasks the electrician Richard Dean Dewitt was performing when he suffered them. However, the lawsuit does claim that the injuries took place while Dewitt was engaged in work aboard the Ocean Clipper, a vessel owned by Diamond Offshore Services Company, and that the vessel was unseaworthy. As a result, Dewitt suffered injuries to his back and other parts of his body. The lawsuit claims damages for "severe pain, physical impairment, mental anguish, and distress." Dewitt, who was not able to work after the injuries, also incurred huge medical bills that he says the company was not willing to cover. He has requested a jury trial for his case.

Maritime Worker's Rights

Companies engaged in maritime activities with offshore refineries, oil rigs, cruise ships, fishing vessels, and other commercial activities performed on navigable waters, are required to maintain a seaworthy vessel at all times. Maritime workers must be provided safe work conditions in what can otherwise be a dangerous and unacceptably hazardous environment.

Under the Jones Act, if a company fails to provide such precautions, and a maritime worker is injured as a result, the company can be held liable for expenses and damages arising out of such accidents. Damages can include lost wages, as well as loss of future wages if the worker will be unable to work in the future. The company can also be liable for damages for mental anguish and suffering, as well as any physical disfigurement arising from the injuries. Besides Jones Act rights, workers may also be eligible for benefits under general maritime law. Maritime workers may not be fully aware of the scope and extent of statutes that exist to protect them, with the result being that they may settle for far less compensation than is due them.

Filing Maritime Injury Claims

Claiming damages for injuries while you’re engaged in work aboard a vessel requires a thorough understanding of Jones Act rights, and general maritime law statutes, and the ability to apply them to be sure you receive the full compensation to which you are entitled. The maritime lawyers at Arnold & Itkin LLP have helped hundreds of workers receive the compensation they deserve.

Contact an experienced maritime lawyer at Arnold & Itkin LLP for a FREE evaluation of your case.

 

Study finds cargo transport by barge safer than highway or rail

The National Waterways Foundation (NWF) has released a new study comparing selected societal, environmental, and the safety impacts of utilizing inland river barge transportation to highway and rail transportation. Titled "A Modal Comparison of Freight Transportation Effects on the General Public," the study was conducted by the Texas Transportation Institute's Center for Port and Waterways at Texas A&M University and was cost-shared with the U.S. Maritime Administration (MarAd).

Among its findings, the study determines that, after adjusting for the differences in quantity of cargo moved by each mode, for each member of the public injured in a barge accident, 125.2 are injured in rail accidents and 2171.5 are injured in truck accidents. For fatalities, the rates are 155 trucking fatalities and 22.7 rail fatalities for every barge related fatality.

An executive summary of the study can be found here on the National Waterways Foundation website.