Maritime Injury Law Blog

The bodies of two swimmers, a 57-year old male and his 13 year-old nephew, have been recovered from Lake St. Clair near Detroit, Michigan on Tuesday. Macomb County Sheriff Mark Hackel reported that the two had jumped into the water to go swimming with a 31-year old relative. Their pontoon boat, however, drifted away a significant distance with a 73-year old woman aboard. Rescue crews were able to rescue the 31-year old male, however were unable to locate either the 57-year old or the 13-year old. Hackel did not specify whether they were wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, LLP strongly urges all those on a boat, whether professionally or for pleasure, to wear the proper safety equipment. This equipment will help save your life should an accident such as this occur. The maritime lawyers at BSTJ, LLP represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 2:34 PM | Permalink

The United States Coast Guard is looking for a 31-year old man who fell overboard early Tuesday morning near Elizabeth City, North Carolina. The individual, whose name has not been released, was working aboard a crabbing vessel about two miles south of Frog Island in Albemarle Sound when he fell overboard. Coast Guard officials report that the man was climbing on crab pots on the vessel’s deck when he fell in. The vessel’s captain immediately stopped and anchored the vessel, however was not able to locate the crabber because he did not resurface. A Good Samaritan who was nearby called the Coast Guard at 9:10 a.m. to report the crabber had fallen overboard. A Coast Guard helicopter crew from Air Station Elizabeth City and a rescue boat crew from Station Elizabeth City were immediately dispatched to begin searching for the man. The crabber was not wearing a life jacket and is reportedly unable to swim.
The law office of Beard Stacey Trueb & Jacobsen, LLP strongly urges all mariners to wear the proper safety equipment while working aboard a vessel. This equipment will significantly help save your life should an accident such as this occur. The maritime lawyers at BSTJ, LLP represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 12:23 PM | Permalink

The United States Coast Guard airlifted a fisherman who sustained a bad cut on a fishing vessel off the coast of Beach Haven, New Jersey on Sunday. The injured fisherman is a 22-year-old mariner who was working aboard the Captain Bob, which was operating 110 miles east of Beach Haven, when the injury was sustained. Both the individual’s name and the cause of injury have not been reported, however the fisherman did sustain a long serious cut below his elbow across the width of his arm. The individual was airlifted to AtlantiCare Regional Medical Center for treatment.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 3:36 PM | Permalink

The United States Court of Appeals for the Ninth Circuit rejected a fisherman’s claim that a verbal agreement to fish the entire season was grounds for recovering “unearned wages” after he became injured. Fisherman Jesse O’Neal signed a contract to work for American Seafoods Company. In the “fine print “, the contract provided that the fisherman would be hired for one fishing voyage, to be renewed after each voyage. This was a surprise to O’Neal, and surely the rest of the crew, as they were told that they could work the entire season. During his first voyage O’Neal injured his neck and back, causing him to leave the vessel before the end of the season.
The fisherman sought “unearned wages,” which are “actual wages the seaman did not earn because of his injury or illness” during his contracted employment with American Seafoods. Maritime law requires employers to pay these unearned wages. The fisherman sought to recover his unearned wages for the entire season, claiming that American Seafoods had committed to employ him for the season. The fine print in the signed written contract, however, states that any contract extensions or terminations must be made in writing to be valid. Because of this contract provision, the Court ruled that American Seafoods only had to pay unearned wages for one voyage.
Fishermen and seamen should be aware of the provisions in their contracts. Employers try to limit any money they have to pay after an injury. For instance, the standard fisherman’s contract provides for $20-$25 in maintenance money, even though it is extremely difficult to pay for their room and board with only $20-$25 per day. Another example of the employer’s attempt to limit their obligation to the injured fishermen is illustrated in Jesse O’Neal’s case. Everyone on his vessel understood that, should they do satisfactory work, they would be employed for the season. If, in Mr. O’Neal’s case, the contract provided for employment for the season, then his “unearned wages” would be paid for that season – not just the voyage of injury. However, because Mr. O’Neal signed a contract with the “trip to trip” provision, then the employer could get away with paying only one voyage of wages.
The lawyers at Beard Stacey Trueb & Jacobsen, LLP condemn the practices of these employers that try to limit their obligations to compensate injured crew. When a fisherman is injured on the job, the employer should take all necessary steps to compensate the seaman while he or she is recovering. To write contractual limitations into an employment agreement constitutes unfair treatment of employees. Asserting contractual “fine print” when a fisherman is injured, just to save a few bucks, is drastic overreaching and an attempt to take advantage of their injured employees. This practice illustrates the need for regulation of this employment which, in most respects, is outside state law.
The maritime lawyers at BSTJ, LLP work tirelessly to ensure injured fishermen recover all funds they are entitled to. The lawyers at BSTJ, LLP represent injured seamen throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 3:49 PM | Permalink

Seaman and fishermen do not always work aboard vessels. Sometimes a seaman’s duties require him or her to perform shore side tasks. Unfortunately, injuries do occur to seamen ashore. Well established maritime law requires that the employer must provide the mariner with a safe work environment. Over the years, courts have wrestled with the scope of this duty when the seaman’s job require him or her to work while ashore.
Recently, a Washington State Court addressed the issue. In Acosta v. Aleutian Spray Fisheries, Inc., 2009 WL 1916070, plaintiff David Acosta was employed as a fisherman aboard the F/V Siberian Sea. As part of his duties, Acosta was sent to retrieve fiber-pallets from a warehouse not owned or controlled by Acosta’s employer, Aleutian Spray Fisheries, Inc. While attempting to pick up a pallet with a forklift, Acosta realized the pallet was broken. He then proceeded to transfer the bundles of fiber by hand. During this process, the top pallet from the stack behind Acosta fell on him, causing a back injury.
Acosta then brought a Jones Act claim against Aleutian under the Jones Act and General Maritime Law. The defendant, however, asserted Acosta could not prevail in his claim because the warehouse was not owned or controlled by Aleutian. Defendant further argued that Acosta should have inspected the warehouse for unsafe conditions.
Employers often attempt to pass off blame and liability to a third party should an injury occur away from their vessel. Employers have also attempted to claim the Jones Act does not apply because the seaman was not working at sea. These defenses, however, have no legal support. The duty to provide a safe place to work may include shore facilities not owned by the employer.
The Court ultimately sided with Acosta, recognizing the law that allows a seaman to bring a claim against an employer should he or she becomes injured while working at a third-party’s location. The employer is liable if the employer “knew or should have known of the dangerous condition.” This implies that the employer has a duty of reasonable inspection to ensure the location is safe for his or her employees. Aleutian did not fulfill this duty, and may therefore be liable for the injuries Acosta sustained.
This case will hopefully persuade employers to ensure the safety of its employees wherever they work. The law office of Beard Stacey Trueb & Jacobsen, LLP has successfully held employers accountable in numerous Jones Act cases. The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 4:49 PM | Permalink

The U.S. is prepared to spend $50 million of the allocated federal stimulus money to help fish farmers who have been hit by a 50% increase in feed prices last year. These funds are designed to aid fish farmers all across the country. According to the Associated Press, the funds would “provide algae to nourish clam and oyster larvae along the Pacific coast, fill the bellies of tilapia in Arizona and feed catfish, trout and game fish in the Midwest and South.”
Many supporters of this allocation of funds believe the stimulus will help preserve the jobs that would have been lost because of the increased feed prices. Alaska spends $20 million a year of fish feed for its 35 salmon farm fisheries alone. The feed, however, comes from South America, something many “buy American” spokespeople hope will change, especially considering the potential annual sale of $170 million worth of fish oil and meal production.
While the Lawyers at Beard Stacey Trueb & Jacobsen, LLP certainly support federal efforts to help working people, we would like to express our strong support for naturally raised and caught fish. The maritime lawyers at BSTJ, LLP represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 2:42 PM | Permalink

A Good Samaritan vessel rushed to the aid of a scallop vessel whose engine room had caught fire outside Barnegat early Sunday morning. The troubled vessel, an 80-foot vessel named The Captain OJ Riggs, was harvesting scallops when an engine fire caused all three onboard to deploy a life raft. One of the crew broadcasted a mayday call just before 3:25 a.m. Sunday. Luckily, a nearby vessel named Miss Peaches relayed the message to the United States Coast Guard before traveling to the vessel’s coordinates. The individuals onboard the Captain OJ Riggs were rescued and later transported to a Coast Guard Station Manasquan. No injuries were reported. The Captain OJ Riggs later split apart and sank around 11 a.m. that day.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 2:38 PM | Permalink

The United States Coast Guard has suspended its search for a seaman who reportedly fell overboard 14 miles off the Matagorda coast last Friday, July 17th. The seaman was a 47-year old Hispanic male working aboard the 60-foot shrimping vessel the Wylie Milam. The Coast Guard was notified of the missing seaman at approximately 9 p.m. and immediately dispatched the proper search and rescue team. The search covered approximately 2,077 square nautical miles for over 50 hours, however was unsuccessful in its efforts.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 10:39 AM | Permalink

The United States Coast Guard successfully medevaced a mariner whose finger was severely injured this past weekend. 50-year old John Engelbrecht from Bainbridge Island, Washington was working on a diesel engine when his right index finger got caught in one of the gears, crushing and partially severing the finger. Engelbrecht was working aboard the motor vessel Horizon Anchorage, a 678-foot freighter homeported in Philadelphia. Engelbrecht was medevaced by the Coast Guard to Juneau, where local emergency medical services were waiting to take the injured mariner to a hospital for further care.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 10:27 AM | Permalink

The United States District Court for the State of Massachusetts has awarded a sailor $150,000 in damages for past and future pain and suffering, as well as loss of the enjoyment of life, after losing her full sense of smell and taste following a two-vessel collision.
39-year-old Julianne Marie Evans took part in a sailing competition when she sustained her injury. The injury occurred while Evans’ vessel was approaching a buoy alongside another vessel, controlled by Donncha Kiely. In attempting to turn her vessel around the buoy, Kiely swung her boom from the port side to starboard side of her vessel. Unfortunately, Evans was next to the starboard aft corner of Kiely’s vessel. In swinging her boom from port to starboard, Kiely made her boom strike Evans in the neck, causing her to fall forward into the cockpit. Evans went in and out of consciousness for approximately ten minutes.
Evans then visited different doctors to assess her injuries. As these doctors appointments continued, Evans began to lose her sense of smell and taste. She visited Dr. Norman Mann of the University of Connecticut, where she underwent a series of tests related to taste and smell. After a three day test period she received a diagnosis of a permanent loss of taste and smell.
At trial, the defendant argued that the injuries did not have a major impact on Evans’ enjoyment of life because she delayed reporting and treating the injury. The Court disagreed, however, stating that Evans has “undeniably lost the pleasure of having a full sense of smell and taste.” Evans herself testified that she lost her enjoyment of “gardening, eating, particularly in restaurants, entertaining at home by cooking.” The jury ultimately returned a verdict totaling $150,000 in damages for Ms. Evans.
It is important that all mariners to immediately report the full extent of their injuries to their doctor. Late reporting of symptoms may provide the defense with arguments about causation between the injury and the event. The uncertainty may lessen the amount an injured claimant may deserve. Discovering new injuries later often takes away from a mariner’s credibility and therefore his or her claim, as it did for this case. Anyone with questions regarding this case or any injury sustained while working aboard a vessel may contact the Law Office of Beard Stacey Trueb and Jacobsen, LLP to learn your rights and options. To contact us, please call 206.282.3100 or visit our website at www.atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 4:45 PM | Permalink

The United States Coast Guard assisted five people on board a sinking 35-foot Berthum commercial fishing vessel 30 miles southeast of Port Aransas on Wednesday. A distress call came in at 4:18 p.m. that a vessel was taking on water and needed immediate assistance. The Coast Guard immediately dispatched a helicopter crew and 45-foot rescue boat to the scene. The helicopter crew arrived to find a Good Samaritan vessel assisting the crew bailing water overboard with buckets. The helicopter lowered a dewatering pump to the vessel, allowing it to remain afloat until the rescue boat arrived. Upon arriving at the scene, the Coast Guard rescue boat found a hole that was two inches in diameter in the floor of the engine room. The rescue crew patched up the vessel and escorted it back to port. No injuries were reported.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 4:43 PM | Permalink

The United States Coast Guard and a Good Samaritan vessel responded to a distress call from a sinking ship three miles off the coast of Jacksonville on Friday. The distress call was made by the two fishermen aboard the Yvonne, a 66-foot fishing boat, at approximately 2:06 a.m. The Coast Guard was immediately dispatched where, with the help of the Good Samaritan vessel Shenandoah, both individuals aboard the vessel were safely rescued. The mariners aboard the Yvonne were transported to local medical personnel once they arrived back to land.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 4:42 PM | Permalink

The United States Coast Guard rescued two Canadians from the Detroit River after the three-person kayak had capsized. The capsizing occurred approximately one mile from Belle Isle, Michigan around 6:15 Thursday July 16th. The Coast Guard arrived on the scene within minutes of receiving the distress call to find a Good Samaritan rescuing the third individual aboard the kayak. The Coast Guard boat crew brought the two remaining individuals onboard. The three were taken to a nearby marina before being transferred to emergency medical services. No injuries were reported. Luckily, all three were wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, LLP would like to urge all those on water, either for work or pleasure, to wear a life jacket. The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 4:40 PM | Permalink

The U.S. District Court for the Southern District of Florida ruled that relatives who observed the drowning of a family member had no claim for the negligent infliction of emotional distress under general maritime law because they were outside the zone of danger.
Plaintiffs brought a wrongful death and related claims against a cruise line and snorkel company for the drowning of Lois Gales, Plaintiffs’ mother, during a snorkel trip in December 2006. Gales had drifted away from the snorkeling group because of bad weather and was in distress. One of Gales’ daughters was able to locate Gales and pull her to the boat. Other guests attempted to resuscitate Gales while both of Gales’ daughters watched. These attempts, however, was unsuccessful.
Plaintiffs brought action against both the cruise liner and the snorkeling company seeking, among other things, damages for defendants’ negligent infliction of emotional distress. There are a variety of limiting tests for assessing claims of negligent infliction of emotional distress on the two daughters. The three most important tests are: the physical impact test, the zone of danger test, and the relative bystander test. The court found that plaintiffs satisfied the relative bystander test because “plaintiffs were located near the scene of the accident …the shock resulted from a direct emotional impact upon plaintiffs …and the plaintiffs were closely related to victim.” Plaintiffs, however, had more difficulty satisfying the danger zone test. The precedent is that “those within the zone of danger can recover for fright, and those outside of it cannot.” The Court ruled that, because the daughters were in the safety of a boat, they were outside the danger zone and therefore cannot recover for fright. Plaintiffs’ claim for negligent infliction of emotional distress was therefore dismissed.
The law office of Beard Stacey Trueb & Jacobsen, LLP believes this case, as well as others like it, unfairly limit damages. Obviously the daughters in this case suffered a great deal. Sometimes, however, the law just does not address all the injuries after such a tragedy.
The lawyers at BSTJ, LLP handle all types of cases involving mariners’ injuries and fatalities while working at sea. Our lawyers have successfully tried and settled cases in states all around the country. If you have been injured while aboard a vessel, you may want to bring a maritime claim. Please contact the law office of Beard Stacey Trueb & Jacobsen for a free consultation at 206.282.3100 or visit our website at www.atsealawyer.us.

Posted by Beard Stacey & Jacobsen, LLP at 12:02 PM | Permalink

A seaman injured in a two vessel collision was able to have a Louisiana Court invalidate his release clause and therefore bring the fishing company to trial after the vessel’s doctor’s diagnosis was incorrect.
Clifton Lewis was a mate aboard one of the vessels in the collision. Upon impact, he fell against a table where he hit his left side. Lewis was knocked down again by fellow seamen “stampeding for the exit.” Lewis complained of pain shortly thereafter and went ashore to be looked at by an orthopedic surgeon the fishing company hired. The doctor, Dr. Duval, concluded that Lewis sustained “no serious injuries, only some soreness.”
The fishing company, Omega, then hired an attorney, Alan Breaud, to settle potential injury claims that would arise from the collision. Breaud met with Lewis to explain his rights and offer a release of potential claims for $500. Lewis accepted this offer based on Dr. Duval’s assessment that his leg and side “won’t give Lewis any permanent problems.”
Six weeks after the collision, Lewis experienced increase pain and left work for another doctor. This new doctor diagnosed Lewis with two-level disc herniation. Lewis proceeded to sue Omega and the other vessel that collided, Cardinal, for his injuries. Omega argued that Lewis had forfeited his rights to a trial by signing the release form and taking the $500. The district court disagreed and allowed Lewis to proceed with his trial, which he won. On appeal, the court focused on Lewis’ knowledge of his rights. The court ruled that, because Dr. Duval’s diagnosis was drastically incorrect, Mr. Lewis did not fully understand his rights. According to the 1975 case Robertson v. Douglas S.S. Co., a “mistake with regard to diagnosis has long been recognized as cause for setting aside a seaman’s release.” The court therefore ruled that Mr. Lewis’ release form was invalid, and allowed him to bring the case to court.
Seamen who become injured or ill while working a sea should not sign an agreement of any kind without knowing your rights and full extent of your medical condition. The fishing company will, like in this case, try to settle any dispute before you fully know your rights or the extent of your injuries. Signed releases are often upheld in court, so this case should not be seen as the norm. Anyone with questions regarding this case or any injury sustained while working aboard a vessel should contact the Law Office of Beard Stacey Trueb and Jacobsen LLP to know your rights and options. To contact us, please call 206.282.3100 or visit our website at www.atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 5:03 PM | Permalink

Three fishermen were saved by the United States Coast Guard after their vessel capsized three miles southeast of Hilo. The fishermen were, luckily, able to retrieve a working cell phone from the vessel and hail a distress call to 911 around 1 a.m. on Wednesday July 15th. Two Coast Guard air crews were immediately dispatched to the location. By the time the fishermen were found, they had drifted 12 miles south of Hilo. All three were safely retrieved and transferred to a Hawaii county emergency medical service team, where they were reported to be in good condition. Charles Turner, a Coast Guard search and rescue coordinator, revealed how lucky it was to reach them via cell phone. “It [the cell phone] probably saved their lives… this case could have turned out a lot worse.”
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 5:01 PM | Permalink

A Washington skipper has died resulting from injuries sustained aboard a fishing vessel last week. The vessel was fishing 15 miles west of Gray’s Harbor when the captain, 50-year-old Keenan Stearns of South Bend, Washington, became entangled in fishing gear. The crew was not able to free him. He was airlifted to a nearby hospital where he died from his injuries later that day. Stearns was the skipper for the 73-foot commercial fishing vessel called “Swell Rider.”
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 12:36 PM | Permalink

A Vermont woman is dead after falling out of her canoe while fishing on Sunday. 41-year-old Kelly Bruner fell out of her canoe while trying to retrieve a fishing pole she dropped in the water. Her friend in the boat, Ken Palmer, attempted to bring her back aboard the canoe by throwing her flotation devices and telling her to grab onto the oars, however was unsuccessful. Bruner then became tangled in the fishing line and was unable to get back into the canoe. She was found dead in the river later that day.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 12:35 PM | Permalink

The body of 56-year-old Steve Luhrs was found Monday July 13th after he fell overboard in Togiak Bay, Alaska. The United States Coast Guard reported that Luhrs and his two daughters were pulling up fishing nets around 9:00 a.m. when all three fell off their 18-foot skiff. The two daughters were able to pull themselves up onto the skiff, however Luhrs was unable to re-board the vessel. Numerous Good Samaritan boats and the United States Coast Guard immediately began a search for Luhrs, however were unsuccessful. Luhrs’ body washed up to a nearby beach later that day. He was not wearing a life jacket.
The law office of Beard Stacey Trueb & Jacobsen handles all types of cases involving mariners’ injuries and fatalities while working at sea. Our lawyers have successfully tried and settled cases in states all around the country. If you have been injured while working aboard a vessel, you may want to bring a maritime claim. Please contact the law office of Beard Stacey Trueb & Jacobsen for a free consultation at 206.282.3100 or visit our website at www.atsealawyer.us.

Posted by Beard Stacey & Jacobsen, LLP at 2:54 PM | Permalink

One boater was killed following an allision between a 23 foot pleasure vessel and the Jekyll Creek jetties around Brunswick, Georgia early Sunday morning. The United States Coast Guard responded to a distress call at 4:15 a.m. Sunday morning and helped rescue two of the boaters on board the vessel. A Good Samaritan in the area rescued a third boater who was clinging to the sinking vessel. The identities of the deceased and injured have not been released following proper notification of family members.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 5:17 PM | Permalink

The United States Coast Guard is searching for five people aboard an aircraft that crashed in the Gulf of Mexico last week. The crash occurred on July 8th around 3 o’clock in the afternoon. The airplane was traveling from Collin County Regional Airport in McKinney Texas to Tampa International Airport, but crashed about 20 miles west of Port Richey. The Coast Guard discovered a two-mile debris field within the search field later that day. The identities of the five missing people are unknown.
Injuries sustained and accidents occurring at sea can often result in a maritime claim, including airline cases. The law office of Beard Stacey Trueb & Jacobsen has handled numerous airline and maritime cases in states all around the country. Our lawyers are experienced in all forms of maritime law. With questions about maritime law or for a free consultation regarding an injury sustained while working at sea, please contact us at 206.282.3100 or visit our website at www.atsealawyer.us.

Posted by Beard Stacey & Jacobsen, LLP at 4:56 PM | Permalink

The search for a 38-year-old crewman was called off early Sunday July 5th after a week of searching. The crewman, Nhial Opiew, was last seen aboard the vessel, a 140 foot trawler named the Rebecca Irene, at 4 a.m. Saturday July 4th. The search for Mr. Opiew began around 8:30 a.m. that morning when he did show up for his watch duty. The Rebecca Irene and two Good Samaritan vessels looked for Mr. Opiew for 14 hours that day, covering approximately 100 square miles. The search was, unfortunately, hampered by poor visibility throughout the day and ultimately unsuccessful. The vessel Rebecca Irene is based in Seattle, Washington.
The law office of Beard Stacey Trueb & Jacobsen handles all types of cases involving mariners’ injuries and fatalities while working at sea. Our lawyers have successfully tried and settled cases in states all around the country. If you have been injured while working aboard a vessel, you may want to bring a maritime claim. Please contact the law office of Beard Stacey Trueb & Jacobsen for a free consultation at 206.282.3100 or visit our website at www.atsealawyer.us.

Posted by Beard Stacey & Jacobsen, LLP at 1:18 PM | Permalink

Congress is considering legislation holding the fishing industry to a significantly higher safety standard in vessel construction in an effort to decrease the fatalities suffered at sea. This bill would require training of all skippers and mandate Coast Guard inspections of vessels.
This proposed bill has been under development for over two years and is championed by Senators Olympia Snowe R-Maine and Maria Cantwell D-Wash, chair of the Senate subcommittee with oversight over the Coast Guard and fisheries, as well as Representative James Oberstar D-Minn, chair of the House Transportation and Infrastructure Committee.
This legislation results from the significant dangers of and deaths from working at sea. While there was been a substantial decrease in commercial fishing fatalities in recent years, fishermen are 25 times more likely to die on the job than the national average for occupational deaths. We were reminded of the danger of commercial fishing when the Seattle-based vessels Alaska Ranger and Katmai sank in the Bearing Sea last year, killing 12 fishermen.
55% of all fishing-industry fatalities result from vessels flooding, capsizing or sinking. To deal with such frequency, this proposed bill focuses on safer construction and maintaining of vessels. The proposed legislation seeks mandatory safety inspections and safety training for skippers every two years, inspections and training that are optional under the current regulations. The proposed legislation would also require all new commercial fishing vessels that are over 50 feet and operate more than three miles offshore to adhere to stricter construction and equipment-installation standards. Finally, all fishing vessels over 50 feet and approaching their 25th anniversary of their launch would come under alternative safety standards. These standards would be similar to the extremely successful changes implemented in Alaska during the 1990s. Congress hopes that these improvements will climb to the international forefront on fishing-vessel-construction standards after lagging behind Europe for so long.
While the bill is yet to receive formal opposition in Congress, some object to such strict regulations. The objectors assert that the limited safety improvements for “smaller vessels,” which are vessels between 50 and 79 feet, are not significant enough to outweigh the 10 to 15 percent increase in construction cost. This will, many claim, discourage investment in new vessels. However as Representative Oberstar states, “It’s going to save lives, and you can’t measure a life saved in dollars and cents. If you can’t afford to operate safely, then you shouldn’t operate.”
The law office of Beard Stacey Trueb and Jacobsen encourages Congress to pass this legislation. The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 4:56 PM | Permalink

On June 25, 2009, the United States Supreme Court ruled in the seaman’s favor! The High Court decided that seamen are entitled, as a matter of general maritime law, to seek punitive damages for their employers’ willful and wanton disregard of its maintenance and cure obligation. Punitive damages are now permitted in cases where the employer acts in bad faith. Punitive damages are designed to punish the employer for bad faith treatment of its employees regarding medical payments.
It is a too frequent story when an employer refuses to pay an injured seaman’s entitlements of maintenance and cure. After being injured on the job, seamen are in need of a consistent income and medical treatment. It was this concern that led to the creation of maintenance and cure, which is a vessel owner’s obligation to provide food, lodging, and medical services to a seaman injured aboard a vessel. While suffering from an injury, both a seaman and his or her family are often dependant on maintenance and cure payments.
Frequently, unfortunately, vessel owners intentionally withhold maintenance and cure payments from seamen. Before this Supreme Court case, employers were able to withhold such obligatory payments with limited financial penalty, leaving the injured seaman with no income and numerous medical bills. These seamen often have to turn to various high interest loans to pay these bills, a last resort to many.
This new case, Atlantic Sounding Co., Inc., v. Townsend, 2009 WL 1789469 (June 25, 2009), allows injured seaman to sue for punitive damages when the employer, in bad faith, refuses to pay the maintenance and cure claims. Punitive damages are damages awarded by a court against a defendant as a deterrent or punishment to redress an intentional wrong committed by the defendant, in this case the employer’s intentional disregard for his or her maintenance and cure obligation. This case will hopefully persuade employers to honor their maintenance and cure obligation, as the financial penalty of withholding such payments may significantly outweigh any gain by the employer.
The law office of Beard, Stacey, Trueb and Jacobsen has successfully held employers accountable for their maintenance and cure obligation in hundreds of cases. In many cases, our lawyers have successfully taken the employer to court and been awarded payment for all missed maintenance and cure payments as well as obtained a court order forcing the employer to continue maintenance and cure payments in the future. For any questions regarding maintenance and cure or maritime law, or wish to discuss an injury sustained while working aboard a vessel, please contact the law office of Beard, Stacey Trueb and Jacobsen at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 9:20 AM | Permalink

The Orange County Sheriff’s Office reports that two men died and one injured when their vessel hit a bridge during high tide on Huntington Harbor. The Sheriff’s Office said that alcohol was a factor in the accident. The report claims that these three men needed to duck to avoid striking the bridge on the 12-foot inflatable Zodiac boat, however failed to do so. The two men who died were rendered unconscious from their collision and were thrown into the water where they drowned. The individual who survived also suffered head injuries. He was taken to UCI Medical Center and treated. Investigators found empty beer cans in the boat and later learned the three individuals had been drinking in a local bar before their boarded the boat.
The law office of Beard Stacey Trueb and Jacobsen would like to urge all professional and leisure boaters to avoid operating a vessel after consuming alcohol. The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

Posted by Beard Stacey & Jacobsen, LLP at 9:18 AM | Permalink