Maritime Injury Law Blog

The U.S. Coast Guard has concluded its examination of the January 3, 2009 sinking of the PATRIOT fishing vessel, finally resolving that a rapid loss of stability most likely forced the boat to capsize and sink. Last year, two men were aboard the 54-foot steel-hulled trawler about 15 miles from the port of Glouster, Massachusetts, when their boat sank after an apparent catastrophic failure.

The investigation found that the Patriot capsized very suddenly,” said the commander of Coast Guard Sector Boston, Capt. John Healey. “Although we will probably never know exactly what happened, the evidence most strongly supports a loss of stability as the cause. We also examined the possibilities of fire or collision, but the evidence just doesn’t support those scenarios.” Investigators studied photographs of the sunken vessel, video, computer and metallurgical forensics, and underwater acoustic data to reach their conclusion.

The lawyers at Beard Stacey & Jacobsen, LLP have handled all sorts of cases dealing with fishing vessels sinking, similar to the PATRIOT of Glouster, Massachusetts. If you have any questions about this article or another sunken fishing vessel, please call one of the lawyers at Beard Stacey & Jacobsen, LLP.

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

Sitka Mountain Rescue with the assistance of the Coast Guard rescued a man from his sinking fishing vessel in Sitka Sound last week. The 74-year-old master stated that his boat was taking on lots of water just off Kulichkof Rock. Sitka Mountain Rescue personnel arrived at the scene and managed to recover the man moments before his 44-foot Wrangell-based trawler sank.

Once rescued and aboard another boat, the master was treated for cold weather exposure and taken to the Sitka Community Hospital; he fortunately appears to be in good health.

It is unknown at this time how much diesel fuel was on board the vessel when it submerged; the maximum tank capacity is 1,400 gallons. Personnel from the Marine Safety Detachment Sitka were on site to look for and contain any visible pollution.

Posted by Beard Stacey & Jacobsen, LLP at 12:32 PM | Permalink

Crew Rescued from Grounded Vessel in Gastineau Channel, Alaska
The 34-foot fishing vessel PEGGE, a trawler based out of Pelican in Southeast Alaska, grounded in the Gastineau Channel near Juneau late Tuesday night. The Juneau-based Coast Guard command center received the initial notification of the grounding and arrived to the scene a mere twenty-five minutes later.

Fortunately, there were no injuries aboard, damage to the vessel or pollution. The three person crew stayed on board the vessel in an attempt to refloat the boat; their efforts proved to be unsuccessful. The crew was eventually removed from the fishing boat and is currently resting in Juneau. They plan to return to the vessel as soon as possible to try to refloat it again.

Posted by Beard Stacey & Jacobsen, LLP at 12:07 PM | Permalink

Coast Guard aircrews based in Kodiak, Alaska, flew 1,800 miles to conduct a successful medical evacuation of Aung Bo Bo Htay, an injured oiler on the BK CHAMP, a 580-foot South Korean bulk carrier. Htay, a Burmese national, seriously injured his hand in the vessel’s engine room. The Coast Guard District 17 command center received a phone call from the BK CHAMP reporting Htay’s injury and requesting a medevac.

The Coast Guard launched two Kodiak-based helicopters, which were forced to rest overnight in Dutch Harbor because of the great distance between Kodiak and Adak. One of the helicopters successfully gathered Htay and transferred him to emergency medical services in Adak; soon after he was transported to Anchorage for further treatment.

Though Htay suffered a serious hand injury as a result of the accident in the engine room, he is in good health otherwise. The lawyers at Beard Stacey & Jacobsen, LLP have handled various maritime personal injury cases of all sorts, including hand injuries very similar to Htay’s in this article. If you have a question about this article or any maritime injury, feel free to call one of the lawyers at Beard Stacey & Jacobsen, LLP.

Posted by Beard Stacey & Jacobsen, LLP at 12:01 PM | Permalink

Federal regulators proposed new commercial fishing restrictions in the Aleutian Islands last month in an attempt to aid the declining population of the Steller sea lion. The federal Marine Fisheries Service plans to close all commercial fishing for Atka mackerel and Pacific cod around Attu, the farthest island in the Aleutian chain. It also proposed restrictions but not a complete ban for the same fish in the central islands of the chain, west of Dutch Harbor. The fisheries service stated the closures are needed to reduce the competition between fishermen and sea lions in search of food.

The recent proposed restrictions have intensified the divide between fishermen and environmentalists; the fishing industry has pleaded for less drastic restrictions to their fishing grounds, while the environmentalists claim such actions are long overdue. According to Brent Paine, executive director of United Catcher Boats, these regulations would close 90 percent of the historic fishing grounds in the Aleutians. The cuts would cost the fishing industry some $32 million a year, which would be sold roughly three times more at wholesale price. The environmental groups, however, argue that the Obama Administration did not do enough. Oceana, one group in particular, claimed that the sea lion decline is so serious an issue that the federal Marine Fisheries Service should use its authority to restrict fishing beginning this fall rather than next year.

Posted by Beard Stacey & Jacobsen, LLP at 1:48 PM | Permalink

Coast Guard personnel responded to calls that a barge had grounded and partially submerged in nine feet of water while traveling across the Beaufort Sea. The barge was reportedly carrying more than 1,200 gallons of fuel. Initially, there were reports of sheen from the vessel, but the crew secured all fuel tanks and that sheen dispersed and is no longer visible. Response crews have encircled the grounded barge with containment boom to gather any sudden release of fuel as a precautionary measure.

Fortunately, the crew on board has been safely recovered and no personal injuries have been reported. The lawyers at Beard Stacey & Jacobsen, LLP have handled a number of cases that deal with barge groundings and sinkings, other accidents that can occur on these boats, and the subsequent personal injuries the crew members have sustained. If you have a question about this article or any maritime injury, please call one of the lawyers at Beard Stacey & Jacobsen, LLP.

Posted by Beard Stacey & Jacobsen, LLP at 1:42 PM | Permalink

The Bureau of Labor Statistics issued a new report last month calculating and ranking the most dangerous jobs in the United States; the top three are fishermen, loggers, and aircraft pilots. In 2009, “fishers and related fishing workers” died as a result of injuries at their workplace at a rate of 200 per 100,000 full-time equivalent workers, which is 60 times greater than the average American workforce, 3.3 deaths per 100,000. In a distant second and third, the fatality rate for loggers was 61.8 per 100,000 and 57.1 per 100,000 for aircraft pilots.

According to the report, the safest professions are mostly related to education, business, and financial operations with a fatality rate of 0.3 to 0.4 per 100,000.

Among the most common incidents that cause workplace fatalities are highway accidents, homicides, falls and being stuck by objects; the latter of the list are frequently the cause of maritime personal injuries suffered by the fishing industry workforce. As a result, there is no doubt that fishermen are the most susceptible to work-related injuries and work in the most dangerous profession in the United States.

The lawyers at Beard Stacey & Jacobsen, LLP have handled countless maritime personal injury cases of all sorts. If you have a question about this article or any maritime injury, feel free to call one of the lawyers at Beard Stacey & Jacobsen, LLP.

Posted by Beard Stacey & Jacobsen, LLP at 1:37 PM | Permalink

As a result of the recent discussions in Congress concerning the repeal of the Jones Act, the U.S. Navy and the U.S. Navy League officially announced their strong opposition to its repeal. Their stance was promptly lauded by the Maritime Cabotage Task Force (MCTF), a national coalition that represents U.S. fleets engaged in domestic maritime commerce. The U.S. Navy league is a nonprofit organization whose mission is to educate the American people about the enduring importance of sea power to a maritime nation.

The Jones Act was passed in 1920 and requires all goods transported by water between U.S. ports be carried in U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens and U.S. permanent residents.

Advocates for the Jones Act highlighted the significance of a strong commercial maritime industry for a maritime nation like the United States. Mark Ruge, counsel to the MCTF remarked that “In a time of economic uncertainty and threats to our nation, the Jones Act provides a U.S. merchant marine that promotes efficient trade and supports U.S. military and humanitarian efforts throughout the world.”

Each year, the Jones Act maritime industry generates 500,000 jobs, $100 billion in total economic output, $29 billion in wages, adds $46 billion to the value of U.S. economic output and contributes $11 billion in taxes.

Posted by Beard Stacey & Jacobsen, LLP at 1:31 PM | Permalink

On Thursday morning, Sept. 2, an oil platform in the Gulf of Mexico caught fire, forcing its 13 crew members overboard into the sea. The workers who had been aboard were spotted from a helicopter, huddled together and floating in protective suits a mile from the platform. An offshore supply vessel called the Crystal Clear picked the crew members up and brought them to a nearby platform where they were later taken to land by helicopter.

The fire broke out just after sunrise in the living quarters as the crew was painting and cleaning the platform. At 9:19 a.m., the Coast Guard received a call from a nearby platform saying the Mariner Energy platform was engulfed in flames. Mariner Energy, the company that operates the oil rig, has been investigating the cause but have yet to come up with any answers. Any other year, such an explosion likely would not have garnered as much attention; but occurring soon after and near the Deepwater Horizon disaster, the explosion quickly made the headlines.

While there were a number of injuries and 11 fatalities on the Deepwater Horizon oil rig, there were fortunately no personal injuries related to the more recent gulf explosion. By early Thursday evening, the workers had been rescued and the fire extinguished.

Officials from Mariner Energy will now take their turn answering to Congress. They were prompt to release several statements, however, claiming “there was no blowout, no explosion, no injuries, no spill.” Mariner Energy holds a number of oil and gas interests around the Gulf area, as well as Arkansas, New Mexico, North Dakota, and Wyoming. 85 percent of its production, however, comes from offshore drilling in the Gulf of Mexico.

With the nation’s attention now turned toward Mariner Energy’s oil platform, a number of previoudly overlooked instances have been illuminated in the spotlight. According to federal records, there have been at least four maritime related accidents on this same platform in the past decade, all of which led to maritime personal injuries: one of them considered a serious injury and another led to a hospitalization. Also within the last ten years, Mariner Energy has been forced to pay at least $85,000 in civil penalties for safety violations, including in two instances just within the last year.

The lawyers at Beard Stacey & Jacobsen, LLP handle all sorts of maritime personal injury cases, including oil rig cases. If you have a question about this article, oil rig injuries, or any other maritime injury, feel free to call one of the lawyers at Beard Stacey & Jacobsen, LLP.

Posted by Beard Stacey & Jacobsen, LLP at 1:06 PM | Permalink

The 74-year old captain has been rescued from his fishing vessel near Sitka, Alaska. The captain of the 44-foot trawler ZIMOVIA was rescued from the vessel as it was being knocked about on the rocks by the surf. The Coast Guard was aided in the rescue by the Sitka Mountain Rescue boat crew who launched a small boat from shore to aid in the rescue of the man moments before the vessel sank. The rescued crewman was taken to Sitka Hospital suffering from cold weather exposure. The cause of the accident is under investigation, and potential environmental damage is being assessed.

Posted by Beard Stacey & Jacobsen, LLP at 9:08 AM | Permalink

A fire broke out on a fishing trawler moored near Seattle Gas Works park Friday night. The 125-foot fishing vessel, ROYAL ENTERPRISE, reportedly caught fire around 7:45 p.m. No one was aboard the vessel at the time of the fire, and the cause of fire is under investigation. The Seattle Fire Department responded to the fire and was able to confine the fire to the deck level and control the fire in approximately an hour. This is the second boat fire to strike the Seattle fishing fleet in the last ten days.

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

The ARCTIC DAWN caught fire while moored in Ballard early Monday morning. The 100 foot Alaska crab boat had been previously featured on the Deadliest Catch television series. One crewman was aboard the vessel at the time and was able to escape the fire without injury. Nearly one hundred firemen responded to the three alarm fire. The fire involved the superstructure of the vessel but did not appear to affect the lower decks. The cause of the fire is unknown at this time.

Posted by Beard Stacey & Jacobsen, LLP at 2:39 PM | Permalink

A claim for punitive damages made by a commercial diver based upon the legal theory of unseaworthiness has withstood legal challenge in the United States District Court for Hawaii. The Court found as a matter of law that punitive damages may be sought in cases involving unseaworthiness. The Court based its holding on the United States Supreme Court’s recent decision in Atlantic Soundings Co. v. Townsend, finding that the Ninth Circuit’s previous holding in Evich v. Morris permitting punitive damages for unseaworthiness remains intact.

Prior to the Supreme Court’s decision in Atlantic Soundings v. Townsend, the majority of the Courts had expanded the Supreme Court’s decision in Miles v. Apex Marine to prohibit punitive damages in Jones Act and unseaworthiness cases. Based upon the Supreme Court’s rationale and analysis in Atlantic Soundings allowing punitive damages in maintenance and cure cases, the Hawaii District Court rejected the vessel owner’s argument that the Supreme Court’s holding in Miles v. Apex Marine prohibited punitive damages in unseaworthiness claims. In a detailed analysis, the District Court Judge found that there was no statutory preemption of punitive damages in a general maritime law claim for unseaworthiness.

Citing Evich v. Morris with favor, the District Court noted that punitive damages serve the purpose of punishing a defendant, teaching him to not do it again, and deterring others from following his example. To recover punitive damages, a seaman must show that the vessel owner’s conduct is willful and wanton.

The Hawaii District Court’s decision was reached in the case of Wagner v. Knoa Blue Water Farms, Cause No. 09-00600 (9/13/2010). United States District Judge Michael Seabright decided the case. The claims will now proceed ahead on the merits.

A Seattle King County Superior Court Judge reached a similar conclusion recently in Washington State in Nes v. Sea Warrior Inc., King County Cause No. 09-2-05771-1SEA (8/16/2010). In Nes, the Court held that punitive damages were available to a seaman under both the Jones Act and under the general maritime law theory of unseaworthiness. Like the Kona Blue Water case, the Judge in Nes relied upon the Supreme Court’s holding in Atlantic Soundings and rejected arguments that the holding of Miles v. Apex prohibited punitive damages in JonesAct and unseaworhtiness claims. King County Superior Court Judge Richard Eddie made the ruling and noted the humane and liberal character of proceedings in admiralty and the long standing maritime principle that it is better to give than withhold the remedy.

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

Superior Court Judge Richard Eddie has held that a seaman’s wrongful death claim involving claims for punitive damages for unseaworthiness and Jones Act negligence will proceed to trial on the merits. The vessel owner and employer’s motion to dismiss the seaman’s claim for punitive damages was rejected. Following the Supreme Court’s recent decision in Atlantic Soundings v. Townsend, Judge Eddie found as a matter of law that claims for punitive damages are available under both the Jones Act and under the unseaworthiness doctrine.

The case, Nes v. Sea Warrior, King County Cause No. 09-2-05771-1SEA, is thought to be the first in Washington State to reestablish a seaman’s right to punitive damages. The Ninth Circuit had previously recognized punitive damages for seamen in cases such as Evich v. Moriss, but subsequent to the Supreme Court’s decision in Miles v. Apex Marine, most Courts had prohibited punitive damages in seaman injury and wrongful death cases. However, in 2009 the Supreme Court decided Atlantic Soundings v. Townsend allowed punitive damages in maintenance and cure cases. In cases post Atlantic Soundings, punitive damages may not be available in Death On the High Seas Act cases. However, that no longer means that punitive damages will not be granted in appropriate negligence and unseaworthy cases involving willful and wanton conduct.

Late in 2009 a King County jury awarded a seaman 1.3 million dollars in punitive damages for willful failure to pay maintenance and cure. That case, Clausen v. Icicle Seafoods, is now on appeal and will set legal precedent in Washington State about how punitive damages may be calculated and awarded.

Posted by Beard Stacey & Jacobsen, LLP at 2:29 PM | Permalink

A crewman suffered a head injury on Tuesday and was airlifted from a fishing vessel 50 miles off the Oregon Coast. The cause of the accident is unknown at this time. Two Coast Guard helicopters responded to the emergency. The crewman was taken to North Bend for treatment. Commercial fishermen working in Oregon and Washington continue to suffer injuries at an alarming rate. Every vessel owner owes their crewmen a safe place to work and a seaworthy vessel. In cases of serious injuries, crewmen must be evacuated for treatment as soon as possible. This is particularly true in head injury cases, where the extent of crewmen’s injuries may not be readily apparent, and complications can have delayed onset.

Posted by Beard Stacey & Jacobsen, LLP at 2:36 PM | Permalink