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.

Could claim be nullified by the absence of a life jacket?

A 60-year-old man who fell from a fishing vessel in the Gulf of Mexico about 20 miles off the coast of South Padre Island, Texas, remains missing. The Coast Guard, which received a mayday call from a crewmember on the Si Se Puede minutes before midnight last Saturday night, is searching for the missing man, who was the master of the boat.

An HH-65C helicopter rescue crew and an HU-25 Falcon jet from Air Station Corpus Christi and a 33-foot rescue boat from Station South Padre Island were dispatched to the location from which the call was placed. An 87-foot patrol boat, the Coast Guard Cutter Manatee, also joined the search.

If the accident results in a fatality, legal claims for compensation could be complicated by the fact that the missing seaman was reported to be without a life jacket. A maritime lawyer defending the shipowner could try to prove that the vessel had sufficient life jackets on board, thereby reducing or even nullifying a negligence claim.

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Towboat Crew Members Rescued After Accident

The Coast Guard is investigating an accident that occurred in Texas, involving two towing vessels on the Intracoastal Waterway. 

The two towboats, Caroline and Miss Stacie, collided near the High Island Bridge. Both towing vessels were pushing barges at the time. Upon impact, the Caroline began taking on water. Another towing vessel, which was near by, came to the rescue of the damaged boat. The five crew members aboard the Caroline were rescued. None of them were injured.  

The Caroline was partially submerged and protective booming was placed around it. Local officials are also assessing whether any environmental damage resulted from the collision.  So far, however, damage seems to be minimal.

Towboat Pilot's Responsible for Accidents 

Vessel collisions, whether at sea or on an inland waterway are often attributed to adverse weather, poor visibility, and human error. Avoiding a collision depends, very heavily, on maintaining proper lookouts and making the right navigation decisions. Some of the biggest maritime disasters have been linked to captains making the wrong decisions or displaying incompetence. Towboat AccidentThe Cosco Busan collision in 2007, which caused a major environmental disaster, was attributed to pilot error and incompetence. The pilot in that accident was taking prescription medication and failed to notify his employer. The collision with the Bay Bridge caused nearly 58,000 gallons of oil to spill into the San Francisco Bay. Millions of dollars were spent on clean-up operations and local fishermen were deprived of their livelihoods when the fishing season was postponed as a result of the accident.

A collision can end with serious damage to the vessel and, in turn, a need for seamen to abandon ship. Crew members may suffer serious injures in the process. Survivors of major collisions may suffer severe emotional trauma, including anxiety disorders like Post Traumatic Stress Disorder.

The maritime lawyers at Arnold & Itkin LLP represent workers who have been injured in accidents involving cargo ships, cruise liners, offshore drilling rigs, towboats and barges, as well as other Jones Act vessels.

Vessel Collisions: Prevention, Responsibility, and Filing a Jones Act Lawsuit

Injuries sustained in a collision between two vessels are infrequent, but when they do occur, they can be extremely serious. Read More

A collision with another vessel is a risk that is always present in the maritime industry. As our waterways get more congested, the risks of vessel collisions increase. When a collision does occur, it can leave workers severely injured and traumatized.

A vessel operator's failure to take proper steps to prevent a collision can be the basis for a Jones Act claim. Collisions are almost always preventable. Fishing Vessel CollisionProper lookouts, use of technology designed to detect vessels, and the competence of crew members can prevent vessel collisions. If safety precautions like these are not taken and injuries occur, it is possible the employer may be held responsible.

A Jones Act seaman from Port Arthur filed a lawsuit against his maritime employer for injuries sustained when he fell out of his bunk bed during a vessel collision. On December 18, 2008, Christopher Loc Nguyen, who was working on the fishing vessel The Jennifer and David, was thrown violently from his bunk when the boat struck a barge and tugboat owned by Gulf Oceanic Marine Contractors Inc. According to the lawsuit, Nguyen sustained serious physical injuries. Nguyen also alleges that the bunk beds, on which the workers were sleeping, had no rails to prevent falls. According to the complaint, the defendant failed to keep a proper lookout, failed to yield right-of-way to the tugboat and barge, and there was no one at the helm of the fishing vessel at the time of the accident.

Since Jones Act claims are are a specialized branch of law, it is important to consult with an experienced Jones Act lawyer before you filing a claim.

 
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Fishing Boat Runs Aground at Galveston Jetty, No Maritime Injuries Reported

Four maritime workers on a fishing boat were rescued after the engine of the vessel lost power and drifted into a Galveston jetty.

Before the accident, the crew of the vessel, Lucky Peter, called the Coast Guard asking for help because the boat was taking on water. The four workers were rescued and a crane ship was called in to raise the vessel. No maritime workers were injured in the fishing boat accident.

Maritime AccidentFishing does not have to be a dangerous activity, but it often involves injuries and deaths, including drowning accidents, explosions, fires, and other vessel-related accidents. In 1998, the Commercial Fishing Industry Vessel Safety Act was passed to improve safety standards in the lucrative, but dangerous fishing industry. The U.S. Coast Guard enforces the regulations of the Act, which involves  helping rescue crew members after a vessel is lost. These regulations require that vessels engaged in commercial fishing activities have safety equipment on board, including life rafts. Boats must be equipped with flares, survival kits, and personal flotation devices.

The condition of the boat plays a big part in ensuring the safety of maritime workers on board a vessel; the ocean can be cruel to an unseaworthy vessel.

In spite of the Act's provisions, many boat owners set off on fishing trips in a vessel that may not be equipped to deal with rough seas. Out in the middle of the sea, malfunctioning boat equipment, irresponsible crew members, and lack of safety devices can easily place a maritime worker at risk of serious injuries or death.

Maritime Attorney

A fishing vessel crew member qualifies as a seaman. If negligence of a fishing boat owner causes any injuries to a seaman, he may be eligible for compensation under the Jones Act. A maritime worker may not be able to interpret Jones Act statutes and understand his rights due to its complexity. A Jones Act lawyer can help maritime workers understand their rights and answer questions about compensation.

Contact a Jones Act lawyer, at Arnold & Itkin LLP for a free evaluation of your case and to begin your journey to recovery.

 
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Maritime Worker's Daughter Blames Employers for Father's Death from Asbestos Exposure

A Galveston woman filed a lawsuit against several maritime companies for the death of her father, a Jones act seaman who died from asbestos exposure.

The worker, Pedro Perez, was employed by Great Lakes Dredge and Dock Company in Galveston County back in the sixties. According to the lawsuit filed by a maritime attorney, the nature of his job exposed him to asbestos particles and, as a result, he contracted mesothelioma. Perez eventually died of the disease.

Perez’s family claims that the maritime worker was unaware of the health risks of asbestos until he was diagnosed with mesothelioma. Mesothelioma is a form of cancer in which malignant cancer cells are formed in the mesothelium, the lining that covers internal organs. In almost all cases, the cause of mesothelioma is exposure to asbestos particles. The exposure, in a vast majority of cases, occurs in workplace settings where workers are exposed to asbestos fibers over long periods of time.

Symptoms can include:

  • Chest pain
  • Breathlessness
  • Fatigue
  • Cough
  • Wheezing
  • Anemia
  • Blood in the sputum
  • Fluid surrounding the lungs

Thousands of workers who contracted the disease as a result of exposure to asbestos in their workplace, have sued their employers and related companies. Asbestos was used heavily in the ship yard industry in past decades, exposing workers to the dangers of mesothelioma.  Making the process of litigation harder for the workers is the fact that the symptoms of mesothelioma may not appear until twenty or thirty years after the exposure.

Jones Act Provides for Benefits for Occupational Diseases

The Jones Act guarantees compensatory benefits to seamen who have contracted occupational diseases while performing their jobs. Benefits can include cure benefits, medical treatment, cost of medications, and medical supplies to treat the condition.  A sick seaman is entitled to compensation until he reaches maximum possible recovery. This stage of maximum recovery is known as Maximum Medical Improvement or MRI. Once the seaman reaches this stage, he may no longer be eligible for benefits.

If you or a loved one has been affected by asbestos in the workplace or contracted mesothelioma, a Jones Act lawyer can help you find the answers you need.

Contact a Jones Act lawyer, at Arnold & Itkin LLP for a free evaluation of your case.

 
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Maritime Worker Sues Stevedoring Company Over Injuries

A Jefferson County maritime worker has filed a lawsuit against a Texas-based stevedoring company due to injuries he received when objects from a crane fell and struck him in the head.

The worker, Sean Steiner, filed the lawsuit against Shipper Stevedoring Company in the Jefferson County District Court. Last year on October 3rd, Shippers Stevedoring asked Steiner, who was then employed with Turner Brothers Crane and Rigging, to be the vessel's side flagger during unloading activities. Maritime Injury AttorneyAccording to Steiner's maritime lawyers, during unloading another Shipper Stevedoring employee began operating the ship-mounted crane. The crane was carrying a fiberglass ladder, a water cooler, and rubber buoys, however, the load was not properly rigged. Also, the crane was not equipped with a swing alarm to warn nearby workers that a load was being moved. The load came loose and fell, hitting Steiner. He suffered serious and permanent injuries all over his body, incured medical expenses for treatment of his injuries, and was in severe physical pain.

The Jones Act complaint filed against Shipper Stevedoring says that the company’s employee failed to rig the load properly, and also mentions other failures including failure to control the load and failure to warn Steiner that the load was being moved. The Shipper Stevedoring employee was also negligent in trying to shift the load without a swing alarm.

Maritime Accident Safety

Steiner is claiming damages for mental pain and anguish, physical impairment, and other claims. Crane operations are seen as risky activities because the dangers of a crane toppling over or running over workers nearby are always present. When loading and unloading activities are going on there are several precautions that must be followed to prevent accidents. Loads must be properly secured to prevent heavy objects from falling on workers nearby. For this, it is very important that workers be trained properly to conduct crane operations in a coordinated manner. Proper communication among the workers involved in the operation is crucial and maritime workers must be trained to warn other workers about any possible risks.

If you or a loved one has been injured in a maritime or crane accident a maritime injury attorney can help you recover physically, mentally, and financially. If you have any questions regarding your maritime accident contact a maritime attorney at Arnold & Itkin LLP for a free evaluation of your case.

Galveston Port Secures $28.1 Million Loan for Maritime Improvement Projects

Part of providing a safe working environment for maritime port workers is maintaining work areas. Maritime workers at the Port of Galveston can look forward to extensive renovations now that the port has obtained a $28.1 million loan from the state.

The loan comes courtesy of the Texas Industry Development (TID) Loan Programs, a state-sponsored program that offers low cost financing for development projects. According to port officials, half of the loan will go toward channel deepening projects, which will allow the port to handle larger vessels. The rest of the funds will be used to conduct repairs of severely damaged bulkheads. Port officials hope these enhancements will allow the Port of Galveston to handle lucrative cargo, like vehicle shipments. Port officials are now looking for firms who can start repairs on the deteriorated bulkheads. They will also begin the process of seeking tenders for the channeling deepening projects soon. Maritime Injury AttorneyThe enhancements are expected to bring in more than $400 million in extra revenue for the port and could lead to the creation of more than 2,000 jobs. That is good news, not only for the port and its maritime workers, but also for the larger Galveston community.

The port sustained major damage when Hurricane Ike hit the coast last year. When the waters receded, damage included waterlogged sheetrock and soggy cargo facilities, among other things. The port's Board of Trustees handed director Steven Cernak emergency powers to release $55 million for repairs. With the new loan in place, the Port of Galveston will be able to ensure, not only increased cargo handling facilities, but also a safer work environment for port and maritime workers.

Maritime Laws

Port workers who make a living loading and unloading, stowing and securing cargo, and other port activities are protected under maritime law. Workplace enhancements will surely help these workers conduct their duties efficiently and safely.

Port workers who are injured in an accident can secure compensation with the help of a maritime lawyer. If you've been injured in a maritime accident, contact a maritime lawyer at Arnold & Itkin LLP for a free consultation.

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.

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.

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.

NTSB Files Recommendations after Texas Offshore Helicopter Accident

The National Transportation Safety Board (NTSB) issued recommendations to the Federal Aviation Administration (FAA) requiring offshore helicopters in the Gulf of Mexico to reevaluate their communication procedures in order to avoid accidents during high traffic periods, such as after a hurricane or other disaster. The recommendations came after a probe into a helicopter crash near Texas in 2005.

On September 6th, 2005, a Sikorsky S-76 helicopter with 8 Rowan Companies oil rig workers on board crashed into the Gulf of Mexico approximately 24 miles southeast of Sabine Pass, Texas. The helicopter had just taken off from a jack rig owned by Rowan Companies, and was on its way to the company's facility in Sabine Pass.  There were 2 other passengers on board, as well as a two-member crew. They were all able to safely make their way out of the helicopter before it submerged. Both pilots and 3 of the passengers suffered serious injuries in the accident, while the rest of the passengers suffered minor injuries. Fortunately, all occupants were wearing personal flotation devices, these helped them stay afloat in the waters Maritime Injury Attorneyfor close to 7.5 hours before help arrived. The investigation found that the accident was caused because of the pilots' slow response when the first engine failed. The board concluded that the slow response was probably due to high stress levels because of the timing of the crash - one week after hurricane Katrina made landfall. The chaotic conditions soon after Katrina hit caused delays in the communication network at Houston Helicopters Inc, the company that operated the helicopter. According to the Board's report, there were several violations at Houston Helicopters Inc. which contributed to the delayed rescue efforts. Post Katrina, other offshore helicopter operators serving drilling companies in the Gulf of Mexico made alternative arrangements, so they could continue supporting helicopter flights. Houston Helicopters Inc., however, failed to make any substitute arrangements. Instead, management at the company recommended that pilots use their own cell phones to transmit important flight information to the control center. The board also found that although Houston Helicopters Inc. had a record of 8 accidents, 3 incidents and at least 18 FAA surveillance violations, there were no follow ups made to check if the company was in compliance with rules regarding alternate methods of flight following procedures.   

The offshore helicopter crash near Texas could have ended in tragedy and the passengers and crew members were lucky to be able to survive with only injuries. They were, however, forced to undergo the trauma of waiting for several hours in the cold waters of the Gulf because of Houston Helicopter Inc's negligence. 

Maritime Accident Claims

Offshore rig workers are exposed to several risks when they use helicopters to travel from platform to shore as part of their maritime duties.  Injuries that occur during such air travel can make a worker eligible for compensation under maritime law. An expert maritime attorney can help workers determine their options for compensation.

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

Texas Ports Association Honors Senator Hutchison for Contribution to Maritime Safety

The Texas Ports Association has honored Senator Kay Bailey Hutchison as its “Person of the Year” for her contribution to maritime safety at Texas ports. Annually, the honor is awarded to individuals who support and work for the advancement of Texas ports, including making them safer and more efficient.

The state's ports are some of the busiest in the country with an estimated 20% of its deep sea traffic. Senator Hutchison, the only female senator to represent Texas in the Senate, has been a long time supporter of our ports. Some of her goals have been to boost the competency and efficiency of the ports, and increase the number of security personnel. According to Jim Edmonds, chairman of Port of Houston Authority, Senator Hutchison has always been involved in efforts to bolster safety and security at the ports and strengthen their functioning, so they can contribute to the economic success of the state and the country. Senator Hutchison has a position in the Senate Appropriations Committee and is also a Ranking Member of the Senate Commerce Science and Transportation Committee. Through her association with these committees, Senator Hutchison has been heavily involved in the improvement of the maritime industry. She was instrumental in passing the SAFE Port Act in 2006, which established a set of standards for containers arriving in the U.S. and allows inspection of containers at random. She is also a strong supporter of increased funding for Texas ports through the Port Security Grant Program which has channeled more than $2 million to the state's ports over the last 6 years.

Maritime Accidents

Longshore workers, who may work for a port, often toil in dangerous jobs like loading and unloading cargo or crane and derrick operations. These jobs are often far more dangerous than they need to be. Simply following safety guidelines can reduce a longshore worker's risk of falling, being hit by falling objects, being run over by cranes and other maritime accidents.

Longshore workers injured while performing non-marine activities like loading and unloading or repairing vessels and rigs may be eligible for compensation under maritime laws. An experienced Texas maritime lawyer can help you recover compensation from the parties responsible. 

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

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.

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.

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.

 

Fishing Boat Catches Fire off Galveston Texas Coast, No Injuries Reported

A fishing boat carrying three crew members had to be rescued about 10 miles off the coast of Galveston, Texas after a fire broke out on board, the Houston Chronicle reports.   Fortunately, no maritime injuries were reported as a result of the accident.

The Coast Guard was alerted to the accident when the Houston-Galveston Center received an emergency aid call from another boat about a fire that had broken out aboard the shrimp boat, Master Ryan. A rescue helicopter, a motor life boat and a Coast Guard Cutter were dispatched to the scene of the fire. The helicopter delivered a life raft to the three crew members who then climbed aboard the raft. They were then picked up by another vessel and taken ashore. All crew members were reported to be in good physical condition. The blaze was put out a few hours later. There is no information yet on the cause of the fire.

It's extremely fortunate that the three crew members were able to get the emergency assistance they needed before the accident involved injuries aboard the boat. Any fire aboard a vessel is a serious and dangerous situation. There could have been severe burn injuries as a result of the fire breaking out. For this reason, strict safety precautions must be observed aboard all maritime vessels to mitigate the risk of fire, and all shipboard personnel must be properly trained in fire safety policies and procedures.  Only time and a thorough investigation will tell whether a lack of safety policies, procedures, or training may have contributed to the fire aboard the Master Ryan

Fishing Boats and Maritime Law

A fishing boat may be classified as a Jones Act vessel, and as such, workers who are injured in an accident aboard the vessel may qualify for compensation under the Jones Act. The Jones Act defines a seaman as an employee who is working on a vessel in navigable waters, and who is involved in fulfilling the function of the vessel. He must also have a strong enough connection to the boat, meaning that his work must be tangible, and substantial long term work. Under the Jones Act, in addition to medical treatment for his injuries, he may be entitled to maintenance benefits to cover his daily living expenses, including food, house rent and utilities. Unfortunately, fishing boat crew may be confused or unaware of their seaman status under the Jones Act, and may be unaware of the special rights they have under the Act.

Maritime Injury Lawsuits

In the event that an employer provides insufficient benefits to a Jones Act seaman, then the seaman has the right to hire a maritime injury lawyer to bring a claim against the employer. In such cases, the employee may also claim lawyer's fees as part of his claim against his employer.

If you are a seaman and have been injured in an explosion, fire or any other maritime accident, you will need the experience of a Jones Act maritime lawyer to build your case to claim the full compensation you deserve. Contact the maritime lawyers at Arnold & Itkin LLP for a free evaluation of your case.

 

 
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Freeport, Texas Oil Rig Dismantled After Injury and Pollution Concerns

The last remnants of a dilapidated and unseaworthy vessel, the jack-up oil rig Zeus, that had been left standing in the Freeport channel south of Houston, Texas, have finally been removed, putting an end to two years of concerns over maritime pollution and the potential for injuries that could occur as a result of the toppling of the giant structure.

Zeus Jack-up Drilling Rig - Freeport, Texas

Early in November, Kevin Hoot Construction Co. the company that won the bid to remove the structure completed the final stages of the removal, pulling out the last of the rig's one million pound feet from the sea bed. The feet of the rig are already on their way to junkyards across the state, where they will be cut up to be sold as scrap. A decision on where the rig, a Freeport landmark will finally be laid to rest is yet to be taken. The Zeus Mobile Offshore Drilling Unit (MODU) had been left standing in the channel, for over 17 years. In 2004, the platform was sold to Sanship Inc. for a sum of$1. For years before that, the 190-feet-tall rig has acted as a beacon for fisherman and jetties, and has been a much-loved part of the Freeport skyline.  Its tearing down has been an emotional experience for most residents. 

The platform would have been left standing for much longer, if it hadn't been for the fact that port officials noticed it was leaking pollutants into the water about two years ago. Soon after, the US Coast guard expressed its apprehension that a tornado or hurricane could cause the structure to collapse, blocking off the mouth of the channel. The owner Emilio Sanchez, was ordered to get the structure dismantled, and when he refused, the Texas Land Office was entrusted with the task of tearing down the platform.

The project was extremely hazardous in nature, and required at least two weeks of preliminary ground work just to make it safe enough for the maritime workers to get up on the rig. Zeus' massive bulk, coupled with its heavily rusted framework made workers extremely susceptible to maritime injuries, but the project was executed successfully. Most of the structure was torn down in time to avoid a possible collapse under the onslaught of Hurricane Ike, which tore through the Texas coastline just a couple of months later. The feet of the rig were the last to go, dug out and dismantled in November.

The giant rig will be missed by Freeport residents, especially its fishing community, but there's no doubt that a major environmental and maritime injury hazard has been eliminated now that the Zeus has finally been laid to rest.

Unseaworthy vessels threaten safety of maritime workers

Unseaworthy vessels like the Zeus jack-up drilling rig can be a serious hazard to maritime workers who operate, maintain, or in the case of the Zeus, demolish them. When the Zeus was operational, maritime workers having a permanent connection to its operation and maintenance would have qualified as Jones Act seamen and been protected under the Jones Act statute. But because the rig is no longer operational, workers in charge of dismantling it would not likely qualify for protection under the Jones Act. They would however likely qualify for benefits under the Longshore and Harbor Workers' Compensation Act.  The LHWCA provides workers' compensation benefits for maritime workers who are not seamen such as the construction workers involved in the demolition of the Zeus.

Questions about Jones Act Seaman status

Seaman status under the Jones Act is a complex and highly debated topic. Fortunately the Jones Act isn't the only statute that provides protection and benefits for injured maritime workers and their families. If you have been injured in a maritime accident offshore or inshore, a maritime lawyer can help you understand what options you may have under the available statutes for claiming compensation. Contact a maritime lawyer at Arnold & Itkin LLP for a free initial consultation.

 

Offshore oil terminal proposed for Texas

Texas Offshore Port System (TOPS), an oil terminal and pipeline to be built of Texas coast, would be capable of handling nearly 20 percent of the nation's daily oil imports.  A 160 mile pipeline network connected to offshore pumping stations would enable tankers to unload crude about 36 miles off the coast of Freeport, Texas.  This would eliminate the requirement for the world's largest super tankers to offload crude to smaller vessels so it can be carried to refineries along the Houston Ship Channel. TOPS will be similar to the Louisiana Offshore Oil Port (LOOP), which handles about 12 percent of the nation's crude imports. LOOP has been around since 1981 and is tied by pipeline to about half the nation's refining capacity, much of it along the Mississippi River from the New Orleans area north to Baton Rouge.

The Texas Offshore Port System, or TOPS, is a joint venture of Enterprise Products Partners LP and Teppco Partners LP, both based in Houston, and Oiltanking Holding Americas Inc., a subsidiary of Germany's privately held Marquard & Bahls AG.

Tropical Storm Dolly threatens maritime activity along Texas Gulf coast

Tropical Storm Dolly in the Gulf of Mexico is expected to strengthen and could pose a serious threat to maritime activities along the Texas coast by midweek. The National Weather Service has issued a hurricane watch for the Texas coast from Brownsville northward to Port O'Connor. A tropical storm watch has been issued for the Texas coast from north of Port O'Connor to San Luis Pass.

MSNBC.com reports in Dolly drenches Yucatan, Texas could be next: Hurricane Watch issued for Texas coastline near Mexican border:
"Emergency officials across Texas are monitoring the storm's track and moving some resources toward the Corpus Christi area, NBC affiliate KPRC reported.

Shell evacuated about 125 personnel from some of its Gulf of Mexico West operations on Sunday, KPRC added. Another 60 people were expected to be evacuated on Monday.

The company said it does not expect Dolly to have an impact on its gulf production."
At 11:00 AM EDT today the center of Tropical Storm Dolly was located about 55 miles north-northeast of Progreso Mexico.  Dolly is moving toward the west-northwest near 18 mph. A gradual decrease in forward speed is forecast during the next couple of days with little change in the direction of motion.  On this track, Dolly will be approaching the coast of the western Gulf of Mexico by Wednesday.

Maximum sustained winds are near 50 mph with higher gusts. Tropical storm force winds extend outward up to 175 miles from the center. Strengthening is forecast and Dolly could become a hurricane by tomorrow.

Texas harbor pilot injured during boat transfer files Jones Act law suit

Texas seaman Ricci Anderson filed suit against Harvey Gulf International Marine and Diamond Offshore Drilling on July 14 in Jefferson County District Court.  Anderson was employed as a pilot with Sabine Pilots of Groves. 

On Oct. 21, 2007, Harvey Gulf was towing a semi-submersible drilling rig owned by Diamond Offshore. Anderson was called out to transfer onto the tugboat, the Harvey Thunder, to tow the drilling rig into the jetties.

"While in the process of transferring from the pilot boat onto the Harvey Thunder … the tugboat yawed and rocked causing plaintiff's arms to be jerked violently," the suit says. "Plaintiff was forced to grab onto handrails overhead - in the absence of a ladder, guide bar/guide rails and/or safety rod - to avoid falling between the vessels. As a result, plaintiff sustained severe injuries."

Longshoremen injured at Port of Houston's Barbours Cut Terminal

Houston maritime law firm Arnold & Itkin LLP represents Oscar Acuna and Gilberto Villegas, two longshoremen who were seriously injured at the Port of Houston's Barbours Cut Terminal.  While unloading their truck at APM Terminals, another truck driver took a turn too fast and smashed into them.  The other driver's license had expired two years earlier.  The violent collision rendered Mr. Villegas unconscious, shattered his ribs, and caused severe injury to his neck, back, shoulders, wrists, and legs.  Similarly, Mr. Acuna seriously injured his neck, back, and hips and had to be taken to the hospital by ambulance.
 

Jones Act lawsuit filed against Kirby Inland Marine

In Texas, a seaman has filed a Jones Act lawsuit against Kirby Inland Marine for injuries he received more than two years ago while working aboard the vessel Creole Dee. The lawsuit alleged that "defendant was negligent and the vessel was unseaworthy."  According to the lawsuit, John R. McGee sustained severe and painful injuries to his left shoulder and other parts of his body

Lawsuit filed in SV Cynthia Woods capsize & drowning case

The widow of a sailor who drowned during a boating accident has filed a lawsuit against the manufacturer of the vessel.  The sailor, Roger Stone, was the safety officer aboard the SV Cynthia Woods during an offshore race.  He is credited with saving the lives of two Texas A&M student sailors at the cost of his own.

His widow, Linda Stone has filed a lawsuit against the designer, manufacturer and a company that repaired the racing yacht on which her husband died.  The civil complaint, filed by Linda Stone’s attorney, claims Cape Fear Yacht Works, boat designer Bruce Marek, Payco Inc. and Galveston Yacht Service are not cooperating with investigations into the accident. The lawsuit, filed in district court in Galveston County, also claims there are flaws in the boat’s design, manufacture and marketing.

Read more about the lawsuit and circumstances surrounding it in two separate articles:
Wife of Man Killed in A&M Boat Accident Files Lawsuit - Houston Fox26
Hero sailor’s wife to sue over probe - Galveston County Daily News

Houston Jones Act lawyers file wrongful death suit against owners & operators of the Seban

Houston Jones Act lawyers Arnold & Itkin LLP filed suit against the owners and operators of the Seban, a ship used off the coast of Texas in operations in the Gulf of Mexico.  Plaintiffs seek damages for the wrongful death of Mr. Jimenez, who was killed when the Seban caught fire.  The Seban was owned and operated by Otto Candies LLC and was being chartered by Oceangraphia, a Mexican offshore company which owns a substantial part of its fleet in Houston Texas.  After the ship caught fire, over 150 workers were left in the water stranded because the satellite services provided failed.  Unfortunately, Mr. Jimenez died as a result of the defendants' negligence and neglect.

 
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SV Cynthia Woods keel damaged & repaired before deadly capsize

The Galveston County Daily News reported in its article Sailboat in deadly capsizing repaired before that the SV Cynthia Woods keel was repaired in March 2007 after the sailboat ran aground.  In that grounding, the vessel suffered more than $1,800 in damage according to records.  The sailboat's keel was also damaged in another accidental grounding in 2006.  Damage to the keel and hull required $1,862 in repairs after the March 2007 grounding which was significant enough to separate the keel from the boat at both the front and back.  Some have questioned whether the boat had been adequately maintained following the prior groundings.


Texas A&M vows full inquiry into capsize of CYNTHIA WOODS

The Houston Chronicle reported today that Texas A&M deputy chancellor and general counsel, Jay Kimbrough, has promised a thorough investigation into what may have caused the keel to break off the sailing vessel CYNTHIA WOODS leading to its capsize and the death of one crew member.  The boat was donated to A&M by the school's biggest benefactor, George Marshall, and was built by a company that is owned by Mitchell's son, facts that Kimbrough assures will not influence the investigation.  The investigation, which is already underway, will include a search for and attempt to recover the boat's keel which lies somewhere beneath 80 to 120 feet of water at the bottom of the Gulf of Mexico, near Freeport, Texas.  The salvage company T & T Marine towed the vessel to shore and will be leading the search for its keel.

The challenge of locating and recovering the boat's keel merely hints at the complexity of investigating  maritime incidents.  Thorough investigation will require understanding not only the conditions and events immediately preceding the capsize, but also every potentially contributing factor leading up to it, beginning from the time the boat was originally constructed.  The loss of the boat's keel could be an indication of structural issues affecting not only the CYNTHIA WOODS, but other Cape Fear 38 sailboats as well.  Other factors that must be discovered and evaluated include the boat's maintenance history and sailing history, both of which may be documented in logs, service invoices, payment instruments, and other records.

If you or a loved one has been seriously injured or killed in a maritime accident, and you require the expertise of experienced investigators to unravel the complexity and find answers, the Texas maritime lawyers at Arnold & Itkin LLP can help.  Contact our Houston maritime law firm for a free initial consultation.

Boaters rescued from Galveston oil platform after boat sinks

The Houston Chronicle reported that seven boaters where rescued from an oil platform after their boat sank on Sunday.  The boaters were rescued by the Galveston, Texas Coast Guard after an offshore supply ship relayed a distressed call.  The rescued boaters included five adults and two children.  The rescued boaters are reported to be in good condition, their survival owing partly to the fact that all were wearing life vests.

Galveston sailor loses life saving crew in capsize

Galveston, Texas sailor Roger Stone died saving the lives of fellow crew when the Sailing Vessel CYNTHIA WOODS capsized south of Freeport, Texas.  Five sailors were rescued by the Coast Guard after floating in the Gulf of Mexico following the capsize of their boat 26 hours earlier.

Stone, who was the Safety Officer aboard the boat which was participating in the Regata de Amigos race from Galveston to Veracruz, reportedly noticed water entering the hull and forced other crew on to the deck immediately prior to the capsize.  Early indications are that the boat's keel fell off causing the boat to rapidly take on water, capsize and sink.

Galveston, Texas sailor Roger Stone

4 boaters rescued in Galveston Bay

Four people were rescued from a disabled boat on Galveston Bay Tuesday.  The Houston-area boaters had to be rescued when their 16-foot Jon boat became disabled and was taking on water.  The Texas Coast Guard sent helicopter and rescue boat crews to rescue the boaters.

Boating accident claims 3 lives in Port Arthur, Texas

A recreational boating accident on the Sabine Lake in Port Arthur, Texas claimed the lives of three people.  Overloading the small boat, estimated to be only 16 feet long, is believed to have contributed to the fatal accident in which waves capsized the boat.  Coast Guard officials report seeing more overcrowded small boats lately which can lead to more fatal accidents involving recreational boaters.

According to an article reported in the Beaumont Enterprise:

Jefferson County Deputy Chief Ron Hobbs, who oversees his department's marine units, said the fatal boat accident has prompted his department to step up their watch for overcrowded boats.

"It's much more common this time of year," he said, adding that boat overcrowding could become worse as the weather warms. "Mix that (overcrowding) with alcohol, and it'll get busy."

During the summer months in Texas and other gulf coast states increased recreational boating activity can lead to accidents involving capsize, collision, or other circumstances.  If you or a family member has been seriously injured in a boating accident and you have questions, contact the Houston, Texas maritime lawyers at Arnold & Itkin LLP.

Seaman sustains head injury on Hercules drilling rig

The Jones Act lawyers of Arnold & Itkin LLP represent an injured seaman in a maritime lawsuit against Hercules Offshore, Inc. brought pursuant to the Jones Act.  The maritime worker was seriously injured while working as a floorhand on a Hercules drilling rig.  He was hit in the head with the rig’s Kelly because a brake was not properly working.  As a result of the defective brake, the seaman sustained crippling head, neck, and back injuries.   His case is pending in Galveston County, Texas.

 
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Arnold & Itkin LLP represents injured seaman with shattered wrist.

The maritime law firm of Arnold & Itkin LLP has filed suit in Harris County, Texas against Martin Midstream on behalf of a seaman.  The seaman was a long time employee of Martin Midstream.  He was working in Belize aboard the MARTIN ENDEAVOR when he was injured due to crew negligence and unseaworthiness of the vessel.  His wrist in his dominant hand was shattered and he was unable to return to work offshore.  Lawyers Kurt Arnold and Jeff Seely represent the plaintiff in the Texas state action.

Offshore supply ship collides with rig in Gulf of Mexico

The Galveston County Daily News reported that crews were working to contain an oil spill that occurred about 140 miles southeast of Galveston, Texas.  The oil spill occurred when an offshore supply ship collided with the rig it was servicing.  The collision with the rig caused two gashes in the ship's hull. No seaman or workers on the rig were injured in the accident.

Seaman injured during winching operation

Jones Act lawyers at Arnold & Itkin LLP represent an injured Jones Act seaman against Central Boats Rental.  The seaman was injured on the MR SID a day after being hired. Central Boats Rental did not train the seaman and he was injured during a winching operation.  He nearly lost his foot and required multiple surgeries to treat his injury.  The seaman's case was filed in Galveston County State Court in Texas within one day of retaining Arnold & Itkin LLP.

 
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