News

Maritime and Jones Act Workers Claims

• Murder on the High Seas?
  Jan 12, 2010

  Camila Peixoto Bandeira, 28, was found Sunday in her cabin murdered while working on board the MSC Musica while it was in Port of Santos in Brazil.  This Port has a wide variety of cargo handling terminals and serves as Brazil's leading port in container traffic and has the 39th position in container traffic in the world.
  
  The Panamanian-flagged MSC Musica is among 10 ships in the fleet of Naples-based MSC Cruises.

  Ms. Bandeira's body was found by her husband, a bartender on the ship.

  Crewmember injuries and deaths can happen while working the difficult jobs on the high seas, especially due to lax security on a vessel.  If you or someone you know has been injured while working as a member of a crew on board a vessel in navigation, please contact SMSH and use our over 40 years of maritime law experience to your advantage.  We provide free legal consultations to seafarers around the globe.  Just call us toll-free at 1-800-282-2122 or e-mail us at info@smslegal.com.

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• Cargo Ships Break Maritime Tradition by Taking Up Arms
  Jan 05, 2010

  (Summarized From WSJ) Some maritime shipping companies and fishing vessels are moving away from traditional unarmed sailing due to the increased pirate attacks.  Still, most of the international maritime community refuses to protect its seamen by arming vessels.  This is even with US Congress passing a bill limiting the liability of firms that use force against pirate attacks.  Some maritime insurers have recently even begun to offer special deals for ships that carry armed security guards. 

  According to the International Maritime Bureau, a London-based trade group, there were 324 attempted boardings by pirates around the world in the first 10 months of 2009, up from 194 in the same period in 2008.  About half the raids are in the Gulf of Aden.  Most recently, on New Year's day, the U.K.-flagged Asian Glory, which transports cars, was hijacked in the Indian Ocean. Two days earlier, the chemical tanker M/V Pramoni was taken in the Gulf of Aden. That followed two hijackings after Christmas, and brought to 14 the total number of ships being held.

  Most fast ships can outrun pirates; but, oil tankers and bulk carriers are too slow.  After being hijacked in April and freed by U.S. Navy SEAL snipers, the Maersk Alabama brought on an armed private-security team, which successfully fought off an attack. 

  Despite the growing threat, some shipping companies are still worried about lawsuits, threats to crew members and the cost of armed security.  Security firms are developing alternatives to arms such as electrifying the ship rail, flooding the deck with slippery oil, hoses that project scalding-hot water, and using long-range acoustic devices that make deafening noises.
  
  For related prior entries on our web site regarding piracy:
  
  Maersk Alabama Crew Blame Captain for Pirate Attack
  SMSH Client John Cronan, Ex-Crewman Speaks Out About Second Pirate Attack on Maersk Alabama
  Crew member on pirated U.S. freighter sues shipping line
  U.S. Coast Guard issues new anti-piracy requirements
  Captain jumps overboard, SEALs shoot pirates, official says
  Pirates hijack Maersk ship with 20 Americans onboard
  
  For more information about piracy, please contact SMSH Partner and International Piracy Expert Dennis McElwee, who currently represents and has represented the victims of maritime piracy over the years.  For Press Contacts, please e-mail Stacey Burke at sburke@smslegal.com.

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• Many Feared Dead as Boat Capsizes off India
  Jan 04, 2010

  At least 19 people are feared drowned after a fishing boat capsized in the Rupnarayan river in the Indian state of West Bengal.  The boat, which was carrying 29 people, sank near the town of Kolaghat on Sunday.

  The passengers were picnickers who hired two fishing boats for a ride on the river.  At least 10 of the picnickers have already been rescued, but the remainder are feared drowned.  Divers and rescue workers have so far failed to recover any bodies.  Among the passengers were children as young as ages 4-7.  Three children have been found; seven children and nine young adults remain missing.

  The Rupnarayan river is said to be known for very high tides.  Overloaded boats are not safe in whirlpools or other dangerous conditions on Indian rivers.

  
  As maritime personal injry lawyers, experienced in handling Jones Act and offshore injury claims for over 40 years, we strongly recommend that all workers on fishing boats to wear lifejackets.
  
  If you or someone you know needs legal assistance, call upon lawyers who routinely handle cases for injured seamen and their families.  Contact the admiralty legal team of Schechter, McElwee, Shaffer & Harris, LLP at info@smslegal.com or toll-free (800) 282-2122.  We have handled multi-million dollar cases worldwide for decades.

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• Somali Pirates Seize Tanker and Cargo Ship
  Dec 29, 2009

  Somali pirates carried out a record number of attacks and hijackings in 2009, despite the deployment of international warships a UN Security Council resolution.  So far this week, Somali pirates seized a ship carrying fertilizer from the U.S. in the Indian Ocean and a British-flagged chemical tanker in the heavily patrolled Gulf of Aden.

  As we have previously posted, ship owners need to take extra precaution when sailing in the Horn of Africa, said Noel Choong, who heads the International Maritime Bureau's piracy reporting center in Kuala Lumpur, Malaysia.

  An international naval force now patrols the Gulf of Aden, one of the world's busiest shipping lanes.  The EU Naval Force deployed this force to the Gulf of Aden in December 2008.  However, as noted by the maritimel lawyers of SMSH, even with warships available, danger remains high.

  Currently, the maritime pirates hold 12 vessels and 263 crew members, These vessels are not rescued because of the risk to lives of the crew, leaving shelling out cash for ransoms as the only resolution.

  This week's incidents catapulted the number of attacks in the Gulf of Aden and off Somalia to 214 this year, with 47 vessels hijacked.  Twelve of those ships, with a total of 263 crew members, are currently held for ransom by the pirates.

  The U.K.-flagged slow-moving chemical tanker merchant vessel St James Park issued a distress message Monday and the ship's owner early Tuesday relayed that the tanker has been hijacked by pirates.  The European Union's anti-piracy force noted the vessel was seized while in the Internationally Recognized Transit Corridor in the Gulf of Aden that is patrolled by the international naval coalition.  The tanker has 26 crew members on board from a variety of countries.

  Three hours after the St James Park was hijacked a Greek-owned bulk carrier Panamanian-flagged carrier with 19 crew members was seized by pirates.  The Navios Apollon was carrying fertilizer from the United States to India.  The crewmembers are one Greek and 18 Filipinos.

  Ship owners need to take more antipiracy precautions, including placing armed guards aboard all vessels.

  
  For related prior entries on our web site regarding piracy:
  
  Maersk Alabama Crew Blame Captain for Pirate Attack
  SMSH Client John Cronan, Ex-Crewman Speaks Out About Second Pirate Attack on Maersk Alabama
  Crew member on pirated U.S. freighter sues shipping line
  U.S. Coast Guard issues new anti-piracy requirements
  Captain jumps overboard, SEALs shoot pirates, official says
  Pirates hijack Maersk ship with 20 Americans onboard
  
  For more information about piracy, please contact SMSH Partner and International Piracy Expert Dennis McElwee, who currently represents and has represented the victims of maritime piracy over the years.  For Press Contacts, please e-mail Stacey Burke at sburke@smslegal.com.

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• Fire Aboard Houston-bound Freighter Kills 9, Injures 5
  Dec 28, 2009

  A Houston-bound cargo ship caught fire in the Caribbean off Venezuela's coast Friday, killing nine crew members and injuring five others.  The crew members were in the mess hall when the fire started.  The Greek-owned Aegean Wind had a fire break out in the mess hall when the ship was about 100 miles north of Venezuela.  The Aegean Wind has a 24-member crew made up of 15 Filipinos and nine Greeks.

  The nine unaccounted for crew members have been declared dead by the Venezuelan Navy.  Six were from the Philippines and three were from Greece.

  Five injured crew members were taken by helicopter to Margarita Island.  One is said to be in "delicate condition" from severe burns.

  
  Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy issues.  If you think you may have a maritime law claim, please call us. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law.  No matter where you live, SMSH can help you get the help you need.

   

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• Even With Warships, Maritime Piracy Is Up
  Dec 28, 2009

  A helicopter fired warning shots toward a suspected pirate skiff, where six Somali men sat among assault rifles, grappling hooks and an aluminum ladder. But before it could be boarded by sailors from a nearby warship, the men threw all the gear overboard.  They were let go, and nothing was done to prevent their return.

  The high-seas encounter last week illustrates how the multinational naval force has had limited success.  Naval forces who intercept pirates usually follow a "disrupt and deter" policy, as in last week's raid. The forces confiscate weapons and equipment, then release the suspects.  Rarely are any pirates detained.  But this is only if the pirates are caught before boarding a vessel.  Once on board, naval forces do not intervene for fear of hostages being killed or wounded.

  Pirate attacks nearly doubled in 2009 over a year earlier, despite the deployment in December 2008 of the European Union Naval Force - the first international force specifically to counter Somali pirates.

  Somali pirates currently hold at least 10 vessels and more than 200 crew members for ransom.

  Somali pirates tried to board at least 209 vessels this year through mid-December, seizing 43 of them, the International Maritime Bureau says. That compares to 42 successful attacks out of 111 attempts in 2008, before the EU Naval Force deployed.  The pirates simply have moved their attacks away from the warships and into less protected waters.

  The increased security on land and at sea has forced the pirates further south with less of a security presence, a very weak government, and insurgents fighting for control of Mogadishu.

  Somalia itself does not have the resources to fight piracy. Its navy has only three working boats.
  
  For related prior entries on our web site regarding piracy:
  
  Maersk Alabama Crew Blame Captain for Pirate Attack
  SMSH Client John Cronan, Ex-Crewman Speaks Out About Second Pirate Attack on Maersk Alabama
  Crew member on pirated U.S. freighter sues shipping line
  U.S. Coast Guard issues new anti-piracy requirements
  Captain jumps overboard, SEALs shoot pirates, official says
  Pirates hijack Maersk ship with 20 Americans onboard
  
  For more information about piracy, please contact SMSH Partner and International Piracy Expert Dennis McElwee, who represents both Mr. Reza and Mr. Cronan, and has represented the victims of maritime piracy over the years.  For Press Contacts, please e-mail Stacey Burke at sburke@smslegal.com.
  

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• Fisherman Feared Dead after Boat sinks in English Channel
  Dec 22, 2009

  A fisherman is now feared dead after the boat he was working on collided with a ship and sank in the English Channel.  The accident Sunday happened at night in clear conditions in northern France.  The British registered 50ft crabbing vessel sank 20 miles off the coast of Cherbourg.

  It is believed that the missing man, a 21-year-old from Teignmouth in Devon, was not wearing a lifejacket and experts said he would only have been able to survive for about an hour.

  Three of the four-man crew made it safely to a liferaft.  Surviving crewmembers suffered cuts and bruises.  The captain was below deck when the accident happened and had to swim out through a flooded cabin to escape.  The survivors were taken to France and are recovering in a hospital.
  
  The vessel which hit the fishing boat did not stop, and so investigators are left stumped as to why the collision happened.

  Four years ago a crew member was lost from the same vessel.

  As maritime personal injry lawyers, experienced in handling Jones Act and offshore injury claims for over 40 years, we strongly recommend that all workers on fishing boats to wear lifejackets.
  
  If you or someone you know needs legal assistance, call upon lawyers who routinely handle cases for injured seamen and their families.  Contact the admiralty legal team of Schechter, McElwee, Shaffer & Harris, LLP at info@smslegal.com or toll-free (800) 282-2122.  We have handled multi-million dollar cases worldwide for decades.

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• USCG Suspends Search for Missing Crabber off of Washington State Coast
  Dec 22, 2009

  24-year-old Benjamin Gillock went overboard from a crab fishing boat, Bellingham-based crab boat the Vicious Fisher, Sunday off of the Washington State Coast.  The search for Gillock was suspended after more than seven hours of searching the ocean.
  
  Gillock was not wearing a life jacket, Coast Guard rescuers were told.
  
  Although the case is officially suspended, anyone with further information on the incident is asked to phone Coast Guard Group/Air Station Port Angeles at 360-417-5840.
  
  As maritime personal injry lawyers, experienced in handling Jones Act and offshore injury claims for over 40 years, we strongly recommend that all workers on fishing boats to wear lifejackets.
  
  If you or someone you know needs legal assistance, call upon lawyers who routinely handle cases for injured seamen and their families.  Contact the admiralty legal team of Schechter, McElwee, Shaffer & Harris, LLP at info@smslegal.com or toll-free (800) 282-2122.  We have handled multi-million dollar cases worldwide for decades.

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• Dutch Teenager Blocked from Solo Sailing Disappears
  Dec 20, 2009

  Laura Dekker, a 14-year-old Dutch girl whose bid to sail solo around the world was blocked by a court, has gone missing, leaving behind her boat, police said Sunday. Her goal is to set the record as the youngest sailor to circumnavigate the globe.

  
  In October, Utrecht District Court refused her attempt to become the youngest person to sail alone around the world, and placed her under the supervision of child care authorities until next July.

  
  Dutch authorities have alerted neighboring countries to monitor airports.

  
  Dekker has joint Dutch and New Zealand citizenship because she was born on a yacht in New Zealand waters. She said earlier this year she might try to go there if Dutch authorities refused to let her sail.

  
  The Utrecht court first blocked her departure in August out of concern for her safety. The decision sparked a worldwide debate on how much authorities and parents should limit children's freedom to undertake risky adventures.

  Laura's parents, both veteran sailors, are separated. Laura's father supported the attempt but her mother said in a newspaper interview in September she thought Laura was too young.

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• HSE Reports Decrease in Offshore Injuries
  Dec 19, 2009

  This week, the UK’s Health & Safety Executive (HSE) said that the total number of major injuries reported for offshore workers in 2008/2009 has dropped by 32%.  Under the Health and Safety at Work etc. Act 1974 (as amended) (HSWA) HSE was created to support the United Kingdom Government's efforts to improve health and safety at work.  Its main aim is to secure the health, safety and welfare of people at work and protect others from risks to health and safety from work activity.  In its annual Offshore Injury & Incident Statistics report, the HSE said that - for the second year running - there were no fatalities arising from offshore work.  Major injuries dropped from 44 in 2007/2008 to 30 in 2008/2009.  The report covers incidents reported between the period running 1 April 2008 to 31 March 2009.

  
  However, it was noted that the “tragic loss on 1 April of 17 workers in two separate air transport and maritime incidents – areas not regulated by HSE – is a stark reminder of the hazards of working offshore and the need to ensure they are carefully managed."

  
  As experienced Offshore Injury Attorneys, we believe this report is self-serving and does not accurately represent the dangerous conditions for seamen.  As noted above, the government agency only reports on accidents that fall under their purview.  Our team of experience maritime attorneys are available to discuss any safety violations, personal injury questions and/or assist you in any way with your Offshore Injury claims.

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Arthur L. Schechter, Matthew D. Shaffer and Jonathan S. Harris are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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