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.
Fleet 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.
According 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 