Maritime & Jones Act Workers Claims
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How Do You Know When You Have a Maritime Claim?
by Dennis M. McElwee on May 15, 2012
A person may have a maritime law claim if they have been injured while working aboard a ship, but there are many other factors that must be considered.The ship’s nation of origin, where the ship was, and who owns the ship or who employs the worker are all things to be taken into consideration when deciding whether a maritime lawsuit is a viable ...
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Tugboat Pilot Says He Could Have Avoided Crash
by Matthew D. Shaffer on May 14, 2012
A tugboat pilot convicted in the July 2010 crash of a barge and tour boat that left two Hungarian tourists dead said in a deposition that the collision could have been avoided if he had been at his post. Matt Devlin, who is serving a one-year sentence for the maritime equivalent of involuntary manslaughter, was on a cellphone for a family emerg...
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Ship Building Company Cited for Safety Violations
by Dennis M. McElwee on May 10, 2012
The Occupational Safety and Health Administration has cited a shipbuilder for safety violations that contributed to the death of one worker last August. The company Jeffboat LLC is one of the country's largest inland ship builders. The Occupational Safety and Health Administration launched inspections of the company's barge building facilities,...
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Ship Pilot Killed in Maritime Fall Accident
by Matthew D. Shaffer on May 08, 2012
According to the International Maritime Pilots Association, a ship pilot was killed recently during a fall accident on a vessel. The 58-year-old pilot was on a vessel that was sailing on the River Elbe. At the time of the accident, the pilot was attempting to board the boat. He had been standing on a ladder, when he slipped and fell into the wat...
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Maritime Accident in Kentucky Causes Partial Bridge Collapse
by Dennis M. McElwee on May 07, 2012
A maritime accident involving a cargo ship in Kentucky caused a partial bridge collapse last week. According to officials, the accident occurred near the US 68/KY 80 bridge over Kentucky Lake. The cargo ship, the MV Delta Mariner, struck the bridge in the late evening. The 30-foot vessel was carrying rocket components for Boeing at the time. Fo...
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Shell Oil Platform Evacuated After Gas Leak
by Matthew D. Shaffer on May 02, 2012
An oil platform operated by Royal Dutch Shell in the North Sea has been partially evacuated after detection of a gas leak. There were a total of 76 crew members on the Gannett Alpha platform operated by Shell in the North Sea. Out of these, 48 members were evacuated, and returned to shore by helicopter. According to Shell, the problem came to l...
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Repressing Maritime Piracy Under International Law
by Dennis M. McElwee on May 01, 2012
Maritime piracy has existed nearly as long as maritime shipping and commerce. Knowing a little about the history of prosecuting pirates and how international law has evolved can help a maritime lawyer in cases involving victims of this crime.Crime Against CommerceIn the past, maritime traditions quickly developed to give jurisdiction to any nati...
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Shrimpers Missing In Gulf Found By Coast Guard
by Matthew D. Shaffer on April 30, 2012
The U.S. Coast Guard on Sunday located two men on a shrimping boat who had been reported missing. Manuel Gallardo Castillo and Faulsto Gomez Jr. left Brownsville on Thursday, heading for Tampico, Mexico. Coast Guard searchers found the men about 1 a.m. Sunday, a day after they were reported missing. The Mexican navy also was dispatched to help...
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Deadly Maritime Accident in Antarctica Kills Three Crewmembers
by Dennis M. McElwee on April 25, 2012
At least three crewmembers on a fishing vessel in the Antarctic are believed dead after a fire raged on board the vessel. At least 37 crewmembers have been rescued from the fire. The South Korean fishing vessel, the Jung Woo 2 ran into trouble in the Ross Sea, which is about 370 miles north of the US McMurdo Station Antarctic Base. The fire ori...
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Offshore Helicopter Flight Abandoned After False Fire Alarm
by Matthew D. Shaffer on April 24, 2012
There are a number of dangers that an offshore oil rig worker is exposed to, and one of these is the risk that a worker faces every time he takes a helicopter flight to or from an oil rig or platform. Offshore oil workers make frequent trips between shore and land, and these trips are not without their dangers. Last week, nine passengers on an ...
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Injuries Reported in Maritime Accident Near Sabine Jetties
by Dennis M. McElwee on April 23, 2012
Several crew members were reported injured after a vessel ran aground near the Sabine Jetties near Port Arthur, Texas, recently. According to the Coast Guard, its officers from Sector Houston-Galveston were asked to respond to the site of the grounded vessel. The MV Ms. Pearl ran aground on the west side of the Sabine Jetties. There were four c...
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Your Jones Act Claim Clock is Ticking
by Matthew D. Shaffer on April 17, 2012
Maritime accidents are a special type of case. A person’s right to a maritime claim for an injury that occurred at sea can vary by the status of the person, whether the injured person is a passenger or a crewmember of the vessel on which the injury occurred.The legal issues involving accidents covered by maritime law can be totally different fro...
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Improved Helicopter Crash Training Facilities for Offshore Workers
by Dennis M. McElwee on April 16, 2012
Offshore oil industry workers in Canada now have access to greater and more improved helicopter crash survival training. The Marine Institute has announced newly improved facilities for workers in the country's offshore industry. The Offshore Safety and Survival Center located in Foxtrap, Canada has invested in new survival equipment that is me...
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Judge Rules Transocean Need Not Pay Pollution-Related Compensatory Damages
by Matthew D. Shaffer on April 12, 2012
Ever since the Deepwater Horizon explosion in the Gulf of Mexico, maritime law attorneys have found Transocean and BP battling over liability and damages. A judge has ruled that Transocean, the owner of the Deepwater Horizon oil rig, does not have to pay any compensatory damages arising out of the marine pollution that resulted after the disaste...
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Study Finds Teens Driving with Passengers Have Increased Accident Risks
by Dennis M. McElwee on April 11, 2012
Texas’ graduated driver’s licensing program in Texas prohibits teen passengers below the age of 21 from traveling with teen motorists. New research confirms to Houston car accident lawyers the need for rules like this. According to the research, teenage drivers, who are driving with passengers of the same age, have a much higher risk of accide...
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Consulting a Maritime Lawyer for the First Time
by Matthew D. Shaffer on April 10, 2012
Maritime law is a broad, and particularly complex, area of law that can cover a range of issues. Whatever your specific need, selecting your maritime lawyer will be critical to the success of your claim or transaction. Here are some important issues to consider when meeting a potential maritime attorney for the first time:1. What is Their Specif...
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Investigation Into Maritime Worker’s Wrongful Death Finds Maintenance Flaws
by Dennis M. McElwee on April 09, 2012
Investigations into the death of a chief engineer on an Australian cruise vessel during a routine drill, have focused on a lot of flaws in the systems in place on the vessel, the Oceanic Discoverer. According to investigations, the crew member died after he suffered crushing injuries when he was trapped in a watertight door. In March 2009, the ...
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Research Blames Pedestrians for Fatal Accidents
by Matthew D. Shaffer on April 05, 2012
An increasing body of research is centering on the role of pedestrians in causing accidents. In recent weeks, the Houston pedestrian accident attorneys at our firm have come across at least two studies that seem to be the pointing the blame for pedestrian fatalities at pedestrians themselves. The first study by researchers at the University Of ...
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Princess Cruise Ship Struck by Norovirus Food Poisoning
by Dennis M. McElwee on April 04, 2012
At least two cruise ships operated by Princess Cruise Lines have been struck by norovirus poisoning. According to news reports, the quick-spreading gastrointestinal illness affected passengers on board the Ruby Princess and the Crown Princess. Both the ships are operated by Princess Cruise Lines. Earlier news reports have held that a total of ...
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Italian Cruise Captain’s Behavior Insults Seamen Everywhere
by Matthew D. Shaffer on April 03, 2012
In the wake of the Costa Concordia cruise ship tragedy, attention has been focused on what seems to be the despicable behavior of the captain, Francesco Schettino. He currently faces charges of manslaughter in the tragedy that has confirmed to have killed more than 11 people. However, it is his behavior in abandoning his vessel while passengers ...
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Victory for BP As Court Disallows References to Previous Accidents
by Dennis M. McElwee on April 02, 2012
BP’s safety record is not exactly a secret to the maritime law lawyers at our firm. However, the company’s less-than-stellar record will not be admitted into court during the Deepwater Horizon trial. The trial will apportion blame for the oil explosion in the Gulf of Mexico in April 2010, which killed 11 workers. But, the court has disallowed ...
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Post Costa Concordia Disaster, Cruise Lines Change Safety Drill Policies
by Matthew D. Shaffer on March 28, 2012
Spurred by the deadly Costa Concordia cruise ship disaster, cruise lines belonging to three industry groups have announced new requirements for implementation of emergency muster drills for passengers before a cruise begins. The policy was announced by the Cruise Lines International Association, the European Cruise Council, and the Passenger S...
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Fire Rages through Petroleos Mexicanos Platform; No Injuries Reported
by Dennis M. McElwee on March 26, 2012
All crew members on an offshore oil platform operated by Petroleos Mexicano have been evacuated after a fire raged through the platform last week. There were approximately 213 workers on the KU-S platform in the Ku Maloob Zaap field in the Bay of Campeche. This is Mexico's largest oil producing field, and for several years now has been a source...
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Maritime Lawyer Can Help Determine Jurisdiction For Maritime Claims
by Matthew D. Shaffer on March 22, 2012
If you have been injured in a maritime accident or perhaps been the victim of a crime while on a cruise, the matter of which court has jurisdiction will be particularly important to you.Jurisdiction concerns which court or courts have authority to hear a criminal or civil case, and this can be quite complex when it comes to maritime claims. A ma...
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Drop in Pirate Attacks, But Numbers Still Too High
by Dennis M. McElwee on March 21, 2012
In 2011, there was a decline in the number of pirate attacks reported across the world, including the Somali Coastline where most of these incidents occur annually. However, according to the International Maritime Bureau Piracy Reporting Center, the decline has been slight, and maritime piracy lawyers must continue their concern over piracy off ...
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Ship Strikes North Jetty In Galveston
by Matthew D. Shaffer on March 19, 2012
A 94-foot ship carrying about 1,650 gallons of diesel fuel ran aground Friday on the North Jetty in Galveston.The incident did not cause damage to the fuel tanks, and crews were working to remove the vessel without causing a spill. One crew member aboard the M/V Ashton T suffered a minor injury and was taken to an area hospital, authorities said...
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Videogame to Teach Teenage Motorists Risks of Distracted Driving
by Jonathan S. Harris on March 16, 2012
More teenagers are killed in auto accidents every year than from any other cause of death. Many of those accidents occur because teenagers are distracted at the wheel. The University Of Minnesota’s Transportation System Institute has now developed a videogame that has been designed to teach teenagers about the dangers of being distracted while d...
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Cruise Ship Catches Fire, Set Adrift in Indian Ocean
by Dennis M. McElwee on March 14, 2012
Barely a few weeks after the deadly Costa Concordia cruise ship disaster, passengers on another cruise vessel have been traumatized by a cruise ship accident. According to Costa Cruises, a fire recently broke out in the engine room of the Costa Allegra. Cruise officials insist that the fire was contained and extinguished quickly. The fire did ...
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Cruise Line Tragedy Spotlights Lack of Regulations
by Matthew D. Shaffer on March 13, 2012
Close to a dozen people, including crew members and passengers, have been confirmed dead in the deadly Costa Concordia cruise line accident last week. While people have been seeing horrific images of the overturned vessel and the rescue operations, the New York Times is drawing attention to what maritime lawyers know is a serious problem - the l...
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Conference on Somali Piracy Discusses Maritime Security, Counterterrorism
by Dennis M. McElwee on March 12, 2012
The problem of Somali piracy is a complicated one, and includes a number of issues, from socio-economic collapse to tribal rivalries that need to be taken into consideration. The British Prime Minister recently hosted an international conference on Somali piracy. The conference included representatives from more than 40 countries and internati...
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Charges Likely to Be Filed Against Three Men in Boating Accident
by Matthew D. Shaffer on March 09, 2012
Prosecutors in Utah are likely to file charges against three men in the death of a scientist who was killed in a boating accident in August. The men are likely to be charged with several misdemeanor counts, including those related to obstruction of justice and failure to render aid. The accident occurred on August 21, when University of Utah Sc...
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Barge Accident on Mississippi River Leads to Oil Spill
by Dennis M. McElwee on March 08, 2012
A maritime accident involving two barges on the Mississippi River led to an oil spill, and caused a portion of the river to be closed down recently. The accident occurred on the Mississippi River about 50 miles from New Orleans. The accident involved a construction barge that was being towed by the tugboat Alydar and the tank barge, which was b...
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Cruise Liner Crew Member Accused of Sexual Assault
by Matthew D. Shaffer on March 07, 2012
Investigators are looking into incidents of sexual assault of child passengers involving a crew member on two luxury cruise liners. The alleged sexual assault occurred on the Cunard vessels, the Queen Mary 2 and the Queen Elizabeth over a five-year period. The suspect is from the United Kingdom. Local police have confirmed that they are investi...
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Containership Crew Man Suffers Finger Injury
by Dennis M. McElwee on March 05, 2012
The U.S. Coast Guard had to undertake a medical evacuation of a containership crewmember, who suffered a serious injury on the vessel. The man was a crew member on the 855-foot Antigua and Barbados-flagged vessel Mare Phoenicium. The 62-year-old man had suffered a severed finger on his left hand. There is no information about how the injury occu...
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5 Mistakes To Avoid When Filing Maritime Claims
by Matthew D. Shaffer on March 01, 2012
For maritime workers, the risk of on-the-job injury is higher than in many other occupations. Knowing your rights is important, and there are a host of errors many workers make when filing maritime claims after being hurt.Whether you have been injured already or are just looking to become informed about your legal rights, knowing these common mi...
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Brazilian Oil Rig Worker Killed In Fall Accident
by Dennis M. McElwee on February 29, 2012
A worker on an oil rig owned by Brazil's national oil and gas agency has been killed in a fall accident. According to Brazilian state-controlled Petrobras, the accident occurred last week on the PUB-03 oil rig, which is located in the Rio Grande do Norte in the northeastern part of the country. The worker and two of his colleagues fell on the d...
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No Injuries Reported in Transocean Rig-Supply Vessel Collision
by Matthew D. Shaffer on February 27, 2012
No crewmembers have been reported injured in a maritime accident involving a Transocean oil rig and a supply vessel off the coast of Newfoundland. According to offshore safety regulators, the collision involved the offshore drilling rig GSF Grand Banks, owned by Transocean Ltd. and working for Husky Energy Inc., off the Newfoundland coastline. ...
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Stem Cells from Dental Pulp Help Treat Spinal Cord Injury
by Dennis M. McElwee on February 23, 2012
Japanese researchers have successfully used stem cells derived from tooth pulp to treat damaged spinal cord cells. The research has been conducted on rats, and clinical trials on humans are still a long way off, but the results have been encouraging enough for researchers to be optimistic about the results in humans, too. The stem cells were e...
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Scientific Panel Calls for New Approach to Offshore Safety
by Matthew D. Shaffer on February 22, 2012
A scientific panel is recommending that U.S. offshore drilling companies take a more systematic approach to offshore safety in order to prevent a disaster like the BP oil rig explosion in the Gulf of Mexico last year. The recommendations were made by the National Academy of Engineering and National Research Council. In a new report, the two ag...
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Canadian Offshore Drilling Industry Faces Shortage of Experienced Workers
by Dennis M. McElwee on February 16, 2012
Canada's offshore drilling industry expects to see limited growth over the next year, because of a shortage of qualified and skilled oil workers. According to the Canadian Association of Oil Well Drilling Contractors, the shortage of experienced workers is a major impediment to the expansion of drilling activities. The Association says that it...
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Coast Guard Rescues More Than Two Dozen Passengers From Duck Boat Fire
by Dennis M. McElwee on February 14, 2012
More than two dozen passengers on a duck boat off California were rescued after a fire broke out on the vessel. According to the Coast Guard, it received a call over VHF-FM channel 16 on Saturday that a fire had broken out on the boat near McCovey Cove in California. The Coast Guard was able to reach the scene of the accident in the evening. Th...
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Cruise Ship Passengers Medically Evacuated After Illnesses
by Matthew D. Shaffer on February 09, 2012
Over the past week, two passengers on two separate cruise vessels had to be medically evacuated after they fell ill. In the first case, a passenger on a Royal Caribbean cruise ship began showing symptoms of appendicitis on the Explorer of the Seas cruise ship. The vessel was about 130 miles southwest of Key West at the time, and was heading back...
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Cruise Ship Food Poisoning Outbreaks at Multiyear Lows
by Dennis M. McElwee on February 08, 2012
According to a new report by the Centers for Disease Control and Prevention, the numbers of food poisoning outbreaks on cruise ships were at their lowest in years in 2010. The agency reported that in 2010, it recorded just 11 outbreaks of food poisoning on cruise vessels, compared to 14 outbreaks the previous year. In 2006, the cruise ship ind...
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Families of Missing Russian Oil Rig Workers Blame Company Officials for Tragedy
by Matthew D. Shaffer on February 07, 2012
The families of 39 crewmembers of the Russian oil rig which collapsed and sank off the coast of Russia last week, are coming to terms with the fact that their loved ones will never be found. Mixed with sorrow is also anger that company officials went ahead with what was possibly a suicidal towing mission. The Kolskaya oil and gas drilling platf...
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Federal Agency Cites Mississippi Shipyard for Safety Violations
by Dennis M. McElwee on February 06, 2012
Federal workplace safety regulators have cited a Mississippi shipyard for 50 safety violations, including failure to prevent slip and fall hazards, and improper storage of inflammable materials. The Occupational Safety and Health Administration has cited Huntington Ingalls Industries with a total of 50 safety violations and proposed penalties t...
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IMO Looks Back at 12 Months of Progress in Combating Piracy
by Matthew D. Shaffer on February 02, 2012
The International Maritime Organization has released data to mark 12 months of battling piracy. According to the statistics, the number of vessels held captive by Somali pirate gangs has dropped from 33 ships in February to 13 at the beginning of December. Further, the number of seamen being held captive by Somali pirates has dropped from 733 in...
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Is the Water on Your Cruise Ship Safe to Drink?
by Dennis M. McElwee on February 01, 2012
Back in 2004, a paint inspector found black residue inside the drinking water tanks on two cruise ships operated by Norwegian Cruise Line, the Norwegian Dawn and Norwegian Star. He believed that the residue was the result of the paint on the potable water tank leaching a chemical called acrylonitrile into the water. This chemical is believed to ...
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New Details Emerge in Cruise Ship Passenger’s Disappearance
by Matthew D. Shaffer on January 31, 2012
For years, it has been one of the biggest mysteries in the cruise industry. 26-year-old George Smith disappeared from his vacation on a Royal Caribbean cruise liner back in 2005. His body was never found, and speculation about his disappearance has continued since. Now, new details have emerged about his disappearance. According to the New Yor...
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Poor Implementation of Cruise Safety Law
by Dennis M. McElwee on January 26, 2012
The Christmas holiday cruise season will soon get underway, and thousands of vacationers across the country will set off on a dream vacation on the sea. It is the right time for passengers to understand that there are dangers on a cruise vacation that they may not always be aware of. MSNBC has a timely report on an increasing number of inciden...
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Do I Need A Jones Act Lawyer?
by Matthew D. Shaffer on January 25, 2012
If you have been injured in the course of work on a vessel, you may be wondering whether you need to consult a Jones Act lawyer. The answer, in most cases, is yes. The Jones Act is a federal law that provides a different system for workers compensation for those designated as “seamen.” The complexities of this maritime law are such that, even i...
