Maritime Injury Law Blog

March 29, 2010 - The Supreme Court of the United States has rejected a petition to decide whether or not the spouses of non seamen injured on the high seas may make a claim for loss of consortium. Denying a writ of certiorari, the Court let stand the Eighth Circuit Federal Appellate Court’s decision that the General Maritime Law does not allow recovery of loss-of-consortium damages for injuries to non seamen outside of state territorial waters. The Supreme Court did not issue a final decision, it simply chose not to accept the issue for review at this time. The Eighth Circuit noted that spouses of Jones Act seamen are not permitted to collect such damages. The Eighth Circuit’s decision, Doyle v. Graske, 579 F3d 898 (2009), is in agreement with the Fifth and Ninth Circuit Court of Appeals. In many cases, spouses of non seamen injured within State territorial waters, (3 miles), may recover for loss of consortium damages.

Posted by Beard Stacey & Jacobsen, LLP at 12:17 PM | Permalink

Two Seiners involved in the derby style Sitka Sac Roe Herring Fishery collided. Alaska State Troopers report that the F/V CONFIDENCE and F/V SHADY LADY collided on March 24, 2010. Substantial damage was reportedly suffered by the SHADY LADY. No serious injuries were reported in the collision and the cause of the accident is under investigation by the Coast Guard.

Posted by Beard Stacey & Jacobsen, LLP at 3:53 PM | Permalink

March 27, 2010 - A 32 foot recreational vessel exploded at a Portland Oregon fuel dock. Three people were rescued from the water and transported to local hospitals for treatment. The Coast Guard and the Portland Fire Department responded to the accident which occurred at Donaldson’s Marina. The cause of the explosion is under investigation.

Posted by Beard Stacey & Jacobsen, LLP at 3:27 PM | Permalink

March 21, 2010 - The SUNDOWN, a forty foot fishing vessel, has reportedly been saved from sinking with the assistance of the United States Coast Guard. The SUNDOWN radioed for help indicating they were taking on water at around noon on Sunday. Another fishing vessel, the VICIOUS FISHER, was able to render aid to the SUNDOWN before the Coast Guard arrived and before the vessel sank. Five dewatering pumps were needed to bring the flooding under control. The SUNDOWN is being towed by the VICIOUS FISHER to Neah Bay with a motor life boat standing by.

Posted by Beard Stacey & Jacobsen, LLP at 11:44 AM | Permalink

A crewman working aboard a the fishing boat GOLDEN ALASKA has been airlifted from the vessel by the United States Coast Guard. The sixty year old crewman was complaining of severe abdominal pain and was taken to St. George Island with plans to transfer him to Anchorage for further evaluation and a treatment.

In cases of medical emergencies aboard ships at sea, the United States Coast Guard can be contacted for medical advice via ship to shore communications. There are also numerous private medical firms that are available to provide ship to shore medical advice for treatment of injured crewmen. While getting an injured or ill crewman to shore for treatment may cost time and money, delays in obtaining medical treatment may have severe consequences. In serious cases, a crewman may need to be airlifted from the vessel. Fishing vessels in Alaska operating long distances from the nearest medical facilities must be well prepared to handle medical emergencies and have plans for medical evacuation of crewmen needing medical treatment. Most vessels have sophisticated medical supplies aboard and large processors and catcher processors will have nurses or emergency medical technicians aboard to provide initial medical assessments of crewmen.

Posted by Beard Stacey & Jacobsen, LLP at 10:15 AM | Permalink

The DIEHLESS, a sixty foot wooden motor vessel built in 1916 sank in Wards Cove, Alaska. The owner of the vessel was on board at the time of the sinking. He reports waking at 4:00 A.M. to the sound of a bilge alarm and discovering the vessel’s back deck awash and the engine room flooded. The owner was able to safely evacuate the vessel. Efforts are underway to contain any environmental damage. It is was estimated the DIEHLESS had 250 gallons of fuel and other oils on board.

The importance of operating bilge alarms cannot be overstated. Bilge alarms should be regularly checked and be properly located, redundant and back up systems should also be considered.

Posted by Beard Stacey & Jacobsen, LLP at 10:09 AM | Permalink

A 712-foot container ship en route from Dutch Harbor, Alaska to Tacoma, Washington has lost power in the Strait of Juan de Fuca. The Horizon Tacoma experienced problems with its number one engine, and shut down the engine three nautical miles north of Neah Bay on Tuesday. A state emergency response tug was sent to aid the ailing ship, and was on the scene within 15 minutes. Under tow by Foss tugs, the container ship is en route to Tacoma for needed repairs.

Posted by Beard Stacey & Jacobsen, LLP at 1:22 PM | Permalink

The ISLAND WIND, a 65 foot tug boat owned by Island Tug and Barge has sunk at a Seattle dock along the Duwamish River. The vessel reportedly became lodged beneath the dock at low tide causing the vessel to flood as the tide rose. Such sinkings are usually caused by improper mooring of the vessel. The ISLAND WIND had 6,000 gallons of diesel fuel on board and 400 gallons of lube oil. Salvage and pollution containment operations are underway. The accident is hoped to have minimal impact on the environment. The tug was apparently unmanned at the time of the accident.

Posted by Beard Stacey & Jacobsen, LLP at 3:20 PM | Permalink