Personal Injury
Maryland Lawmaker Admits to Drinking Before Boating Accident
Maryland State Delegate Donald H. Dwyer Jr. has admitted to drinking alcohol before operating a motorboat involved in an Aug. 22 collision on the Magothy River. Four adults and five children were injured in the recreational boating accident, which sent Dwyer and five others to the hospital. The most seriously injured victim was a 5-year-old…
Read MoreMaritime Safety Equipment
We’ve been talking about the importance of life jackets this week, but watercrafts are required to be equipped with other safety devices too. Missing or defective safety equipment typically constitutes negligence and may also be considered an unseaworthy condition. Recreational and commercial vessels should have at a minimum: One USCG-approved immersion suit or personal flotation…
Read MoreThe Importance of Life Jackets
On Monday we discussed how a man’s life jacket saved him when his canoe capsized near Auke Bay, Alaska, leaving him stranded in the water with a crab pot line tangled around his leg. Personal flotation devices are one of the most important pieces of equipment on any watercraft. PFDs help to save lives when…
Read MoreLife Jacket Saves Man’s Life
On Aug. 14, the U.S. Coast Guard rescued a 43-year-old man stranded in the water near Auke Bay, Alaska. He had been working crab pots near Point Louisa when his canoe capsized. After being reported missing by a friend, he was found by Coast Guard responders and transported to Bartlett Hospital for treatment of mild…
Read MoreFishing in the Heat? | Tips to Avoid Heat Stroke
It’s no secret that North America has been experiencing a heat wave. In fact, according to the National Oceanic and Atmospheric Administration, July 2012 was the hottest month in 118 years of U.S. records. For recreational and commercial fishermen alike, this means fishing in the heat. As one fisherman aboard the F/V INTEGRITY learned last…
Read MoreSigns and Symptoms of Heat Stroke
During the summer, especially when temperatures are sizzling, boaters need to be aware of their risk for heat exhaustion and heat stroke. Whether you are out for a pleasure ride, fishing with friends or working on a commercial vessel, you must take steps to stay cool and hydrated. Heat stroke is a medical emergency. It…
Read MoreFisherman Suffers Heat Stroke
Last Tuesday, the U.S. Coast Guard medically evacuated a 25-year-old fisherman experiencing symptoms of heat stroke about 50 miles south of Martha’s Vineyard. The crew of the 88-foot F/V INTEGRITY notified Coast Guard watchstanders at Sector Southeastern New England about the medical emergency around 1:13 p.m., and a Jayhawk helicopter crew responded. By 2:23 p.m.,…
Read MoreBurn Victim Medevaced from Container Ship
Burn Victim Medevaced from Container Ship The U.S. Coast Guard assisted two burn victims on Aug. 4, one off the coast of Portland, Maine, as discussed in our previous blog post, and another off the coast of California. The latter incident involved a 55-year-old man being airlifted from the M/V JUPITER about 30 miles west…
Read MoreButane Stove Explodes On Charter Fishing Vessel
Butane Stove Explodes On Charter Fishing Vessel A butane stove exploded on the charter vessel DAWG DAZE on Aug. 4, causing one passenger to suffer second to third degree burns on his arm. The incident occurred roughly 28 miles off the coast of Portland, Maine. The victim’s name was not immediately released. U.S. Coast Guard…
Read MoreDid Excessive Speed Contribute to Deadly Lake Lanier Crash?
This week we have been discussing a deadly drunk boating accident that occurred in June on Lake Lanier, Ga. Although the main factor was likely alcohol use, excessive speed may also have contributed to the deaths of Jake Prince, 9, and Griffin Prince, 13. As reported by Fox 5 Atlanta, “a center-console fishing boat which was traveling at…
Read MoreFishing Vessel Catches Fire
On July 16, the U.S. Coast Guard rescued four fishermen following a fire on the 79-foot F/V MISS INGRID LOUIS. The incident occurred about three miles east of Nassau Sound near Jacksonville, Fla. The cause of the fire was not immediately known. According to Captain Willie Allen, the four men had gone to bed around…
Read MoreRecreational Boating: Ten Tips to Stay Safe
According to statistics compiled by the U.S. Coast Guard, there were 4,588 recreational boating accidents last year, resulting in 758 deaths, 3,081 injuries and property damage totaling approximately $52 million. Owner and operator negligence is to blame for a significant number of recreational boating accidents. In fact, the U.S. Coast Guard points to the following…
Read MoreBoat Propellers Maim and Kill
Boat Propellers Maim and Kill According to the U.S. Coast Guard, there were 197 recreational boating accidents last year involving a person being struck by a propeller, resulting in 192 injuries and 35 deaths. Just recently, a 14-year-old girl was seriously injured in a propeller accident off Hog Island near Orleans, Mass. After falling off…
Read MoreBoat Propeller Severs Teen’s Leg
Boat Propeller Severs Teen’s Leg Last Tuesday, 15-year-old Abby Mueller lost part of her leg in a recreational boating accident on Kezar Lake in Lovell, Maine. She was riding on the bow of a 24-foot motorboat when it struck a submerged rock, sending her flying over the front of the boat. The boat then ran…
Read MoreCoast Guard Suspends Search for Alaskan Fisherman
Coast Guard Suspends Search for Alaskan Fisherman The U.S. Coast Guard suspended its search last week for a fisherman who fell overboard from the 39-foot F/V ELEANOR S on the morning of July 4. The victim, identified as 63-year-old Richard Boyce of Haines, was attempting to remove fishing gear stuck in the vessel’s propeller when…
Read MoreNewport Crab Fisherman Presumed Dead
In the early morning hours on July 3, the U.S. Coast Guard rescued three crab fishermen when the F/V SOUND LEADER sank off the coast of Oregon. Coast Guard crews searched for a missing fourth person until about 1:15 p.m., when the search was called off “due to the impossibility of survival resulting from the…
Read MoreFisherman Injures Hand While Hauling Gear
On May 2, the U.S. Coast Guard medically evacuated a 47-year-old fisherman who severely injured his hand while hauling gear on the F/V SANDY ROSE about 12 miles south of Jonesport, Maine. Watchstanders at Coast Guard Sector Northern New England received a 9-1-1 relay around 9:25 a.m. from the 41-foot fishing vessel and immediately launched…
Read MoreFisherman Suffers Facial Injury
A 46-year-old man was airlifted from a New Bedford, Mass., fishing vessel on May 21 after being hit by gear and suffering an injury to his face. The F/V OSPREY was about 98 miles east of Cape Cod when a U.S. Coast Guard helicopter crew hoisted the injured man from the vessel. He was flown to…
Read MoreNew Bedford Fisherman Injured By Parted Wire
On May 9 at 7:52 a.m., watchstanders at U.S. Coast Guard Sector Southeastern New England received word that a crewmember aboard the F/V EXPLORER had sustained a head injury from a parted wire. The Coast Guard immediately launched a 47-foot motor lifeboat to assist the injured fisherman, and he was medically evacuated two miles west…
Read MoreTugboat Capsizes in New York Harbor
On April 6, the M/V KATHERINE G. capsized as it was preparing to transport a 60-ton construction crane off Liberty Island. According to NY1 News, the crane and two crewmembers fell into the water, while four others scrambled to the top of the overturned vessel. The tugboat was assisting with interior renovations at the Statue…
Read MoreFisherman Suffers Major Electrical Shock
On June 8, the Coast Guard airlifted a 43-year-old fisherman from the F/V CAPE HORN in the Bering Sea to Dillingham, Alaska, after he suffered heart complications from a major electrical shock. According to media reports, the unidentified man was working on the 145-foot vessel’s electrical switchboard when he received a 480-volt jolt. The ship…
Read MoreBarge Capsizes, Workers Forced to Jump
Barge Capsizes, Workers Forced to Jump In April, workers with APAC Construction and a tugboat operator were performing repairs on a bridge in Smithville, Mo., when their barge and boat capsized, forcing them to jump into frigid waters. According to local media reports, the workers were in Smithville Lake for up to 15 minutes. A…
Read MoreFishing Boat Sinks Off New Jersey Shore After Six Men Rescued
On May 31, six men set out on a deep-sea fishing excursion aboard the F/V SOUTHERN COMFORT. Moments in, the vessel ran aground and began taking on water. According to The Express-Times, Captain Albert G. Stork was preparing to take the 38-foot vessel beyond Barnegat Light Inlet’s north jetty of rocks when it struck a…
Read MoreNegligence Can Cause a Ship to Go Down in Inclement Weather
Modern technology has allowed for shipwreck-proof designs and advance warnings about dangerous sea conditions, but human error can render such progress meaningless. In 2002, for example, the Senegalese state-run passenger ferry M/V LE JOOLA sank off the coast of Gambia during a storm, killing more than 1,800 people. Although bad weather may have directly caused…
Read MoreBad Weather and Bad Decisions Responsible for Papua New Guinea Ferry Accident
Bad Weather and Bad Decisions Responsible for Papua New Guinea Ferry Accident On Feb. 2, a Papua New Guinea ferry sank in the Vitiaz Strait. Initial reports said the M/V RABAUL QUEEN had about 350 people aboard; however, recent reports indicate the vessel may have carried as many as 400 or 500, far exceeding its…
Read MoreWhen Cruise Ships Encounter Bad Weather
People often picture cruises as being nothing but clear skies, calm waters and good times. However, cruise ships can encounter rough seas and stormy weather just like any other vessel. In 2010, for instance, a Royal Caribbean cruise ship got caught in a Mediterranean winter storm. The Brilliance of the Seas survived the hurricane-force winds…
Read MoreCosta’s Forum Selection Clause
Costa’s Forum Selection Clause The COSTA CONCORDIA disaster took the world by surprise. Not only did this tragic cruise ship accident shake many people’s confidence in cruise ship safety, it also thrust the issue of forum selection clauses into the mainstream. Like all major cruise lines, Costa Cruises has a forum selection clause in its…
Read MoreAre Cruise Ticket Forum Selection Clauses Always Enforceable?
Are Cruise Ticket Forum Selection Clauses Always Enforceable? Cruise tickets typically contain a forum selection clause, which stipulates where claims against the cruise line can be filed. For example, Carnival Cruise Lines includes in its ticket contract a section entitled “Jurisdiction, Venue, Arbitration and Time Limits for Claims.” This clause states that claims must be…
Read MoreForum Selection Clauses in Cruise Tickets
Not all cruise passengers read the fine print included with their ticket package. One clause that all passengers should know about is the forum selection clause. If you sustain an injury onboard a cruise ship, or if your loved one dies in a cruise ship accident, the forum selection clause dictates where you can file…
Read MoreCOSTA CONCORDIA Performers File $200 Million Lawsuit
COSTA CONCORDIA Performers File $200 Million Lawsuit Four Hungarian musicians and dancers who were onboard the COSTA CONCORDIA cruise ship when it capsized off the coast of Italy on Jan. 13 have filed a federal lawsuit in White Plains, N.Y., against Costa Cruises and its parent corporation Carnival Cruise Lines. The performers were part of…
Read MoreReporting a Recreational Boating Accident
Federal law requires that boating accidents be reported if: A person dies A person disappears from the vessel and the circumstances suggest injury or death A person has sustained an injury requiring medical treatment beyond simple first aid Property damage totals $2,000 or more (some states require reporting of lower amounts) The boat has been…
Read MoreFall Injuries in the Maritime Industry
Working in the maritime industry involves a number of risks, including the risk of falling. Falls in the maritime industry can be caused by a number of factors, such as: Tripping hazards Slippery conditions Unsafe stairways Poorly secured scaffolding Misuse of ladders Elevator or manlift malfunction Unguarded waterside edges Open hatches that are not marked…
Read MorePreventing Falls in the Maritime Industry
In New Zealand, a cargo-handler was recently injured at the Port of Lyttelton when he fell while working on a vessel. In the United Kingdom, Pendennis Shipyard Ltd. was recently fined thousands of pounds after an apprentice fell approximately two meters from improperly secured scaffolding and injured his knees. And just last month, a man…
Read MoreNumerous Laws Protect Injured Maritime Workers
On May 2, the U.S. Coast Guard medically evacuated a fisherman who had severely injured his hand while hauling gear as he worked on board the F/V SANDY ROSE. He was transported to Bangor Eastern Maine Medical Center. Fishermen and other maritime workers routinely risk injuries to their hands, feet and other body parts. They…
Read MoreNTSB Recommends Propulsion Failure Alarms Following Investigation of 2010 Staten Island Ferry Accident
On May 8, 2010, the ANDREW J. BARBERI passenger ferry struck the St. George terminal in Staten Island, N.Y. There were 266 people aboard the 310-foot vessel when it experienced propulsion control problems and crashed. Reportedly, crewmembers were unaware of the issue until seconds before the accident. Three people were seriously injured and 40 others…
Read MoreCOSTA CONCORDIA Wreckage to Be Removed in One Piece
COSTA CONCORDIA Wreckage to Be Removed in One Piece Beginning sometime early this month, U.S.-owned Titan Salvage will start the process of removing the capsized COSTA CONCORDIA cruise ship from where it sits near the Italian island of Giglio. The salvage plan includes removing the ship in one piece and towing it to an Italian…
Read MoreCOSTA CONCORDIA Tragedy Prompts Cruise Industry to Adopt New Safety Policies
COSTA CONCORDIA Tragedy Prompts Cruise Industry to Adopt New Safety Policies On Jan. 13, the COSTA CONCORDIA capsized off the coast of Italy after striking a reef, claiming the lives of 32 people, including an elderly couple from Minnesota. In the wake of this tragic cruise ship accident, the cruise industry has been reviewing its…
Read MoreCoast Guard Calls of Search for Missing Tugboat Captain Brendan O’Leary
Coast Guard Calls of Search for Missing Tugboat Captain Brendan O’Leary The U.S. Coast Guard suspended its search for a missing tugboat captain Thursday evening. The captain, Brendan O’Leary, is believed to have fallen from his ship into the water about nine miles off the coast of Newport, Rhode Island. Officials had been searching the…
Read MoreCompensation for Injured Dockworkers
Compensation for Injured Dockworkers Working on a dock carries with it certain risks. Dockworkers can be seriously injured or killed in falls or by falling objects, and they risk having their hands and feet crushed between the dock and vessels. They also routinely handle hazardous materials and work with heavy machinery that can cause serious…
Read MoreWorkers’ Comp in the Maritime Industry
In the non-maritime world, employees who sustain on-the-job injuries or develop occupational illnesses are typically eligible to apply for state workers’ compensation. In the maritime industry, however, that is not always the case. Seamen, i.e., men and women who work on maritime vessels and whose duties contribute to the function of the vessel or the…
Read MoreMaintenance and Cure Compensation for Injured and Ill Seamen
When a seaman becomes sick or injured on the job, his or her employer is required to provide maintenance and cure compensation. The responsibility for ship owners to provide care to sick and injured seamen dates back to the early 1800s. Although maintenance and cure compensation is not a new development in maritime law, maritime…
Read MoreLimitations of the Limitation of Liability Act
Perhaps one of the most famous cases involving the Limitation of Liability Act is the sinking of the Titanic. The Supreme Court ruled in favor of the ship’s British owner and limited its liability to the vessel’s post-wreck value, which was about $92,000 for the remaining lifeboats. What that meant is that even though there…
Read MoreWhy You Should Act Quickly After Receiving a Petition for Limitation of Liability
Congress enacted the Limitation of Liability Act during the 19th century in an effort to improve competition and investment in the shipping industry. Now, however, negligent watercraft owners can use this act as a means to shield themselves from lawsuits brought by people injured on their vessel. The owner of the vessel can file a…
Read MoreCOSTA ALLEGRA Fire Leaves Over 1,000 People Adrift at Sea for Three Days
COSTA ALLEGRA Fire Leaves Over 1,000 People Adrift at Sea for Three Days Costa Cruises and its parent corporation, Carnival Cruise Lines, have made headlines again, just over six weeks after the COSTA CONCORDIA capsized off the coast of Italy, claiming the lives of at least 25 people. On Feb. 27, the COSTA ALLEGRA became…
Read MorePreventing Summertime Tragedies: Safety Tips for Recreational Boaters
For many people, summer fun includes water-based activities like swimming, Jet Skiing and boating. Sadly, sometimes summer fun turns to tragedy. According to the U.S. Coast Guard, there were 4,604 recreational boating accidents in 2010, resulting in 672 deaths and 3,153 injuries. Of those killed, 21 were children under the age of 13. These statistics serve…
Read MoreSure You Can Rent This Jet Ski . . . Just Sign This Liability Waiver First
One way to cool off during the summer is to hit the water on a boat or Jet Ski. For people who do not own a boat or Jet Ski or whose vessel is not in working condition, numerous companies offer a solution: watercraft rental. When a person rents a watercraft, he or she typically…
Read MoreAre Cruise Ship Liability Waivers Enforceable?
Are Cruise Ship Liability Waivers Enforceable? Many cruise lines now offer onboard activities like rockwall climbing, zip lines, ice skating or simulated surfing, and they typically require passengers to sign a liability waiver before participating in any of these activities. One cruise ship attraction that has recently garnered legal headlines is Royal Caribbean’s FlowRider, which…
Read MoreTugboat Captain Dies After Being Brutally Beaten in Mexico
On Dec. 27, 2011, tugboat captain Patrick Warga, 46, of Bainbridge Island, Wash., died from injuries he suffered during a Christmas morning mugging in Tampico, Mexico. Warga was an employee of Seattle-based Foss Maritime whose work had taken him to the Tampico region. He died in a San Diego hospital surrounded by his family, leaving…
Read MoreCoast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass.
Coast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass. The U.S. Coast Guard recently rescued a maritime worker who was experiencing symptoms of a possible heart attack while on a fishing vessel about 60 miles southeast of Nantucket, Mass. The 46-year-old’s symptoms included severe chest pains, heavy breathing,…
Read MoreSeeking Compensation for a Maritime Hand or Foot Injury
Whether working on a vessel as a crewmember or seaside as a longshoreman, maritime workers frequently risk having their hands and feet crushed, severed, broken or otherwise injured. A worker’s hand or foot can become entangled in a moving line or caught in equipment. It can also be crushed between a vessel and a dock or…
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