Personal Injury › Maritime Law

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

Working Hard Or Hardly Working? The Definition Of “Rest” And Towing Vessel Work-Hour Limitations

An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26' violated the so-called “twelve-hour rule.” According...more

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more

Jurgens And Bercaw Establish A Tension Leg Platform Is Not A Vessel

Jack Jurgens and Jim Bercaw succeeded in obtaining a partial summary judgment from District Judge Lance M. Africk that the MATTERHORN SEASTAR, a floating tension leg platform (“TLP”) secured to the Outer Continental Shelf off...more

Carnival Nightmare Cruise Triggers Class Action Lawsuit

A dream vacation turned nightmare has sparked a class action lawsuit against the Carnival Corp. cruise line. Over 100 passengers of a cruise that was marooned for days in the Gulf of Mexico without functioning power or...more

FANE LOZMAN v. THE CITY OF RIVIERA BEACH, FLORIDA

U.S. Supreme Court Decision

The U.S. Supreme Court has now ruled that Lozman’s houseboat was a "floating home" and has ruled that his floating home is not a vessel. ...more

Two Workers Win $5.75 Million for Fatal Shipping Accident

A jury ordered two international shipping companies to pay $5.75 million for a drowning accident that killed one worker and injured another while they were docking an oil tanker at the port. Carl Williams and Edward...more

Impact of NSW Workers Compensation Changes on the Maritime Sector

Changes to the NSW workers compensation insurance scheme have just been passed which substantially restrict the range and reduce the level of compensation available to injured workers in NSW. The changes are not only...more

Deal in the works to keep Avondale Shipyard open past 2013

Several media sources in the New Orleans area have reported that a deal is in the works to keep the nearby Avondale Shipyards open past its proposed 2013 closure date. According to a story published by Fox News 8, the deal...more

If in Doubt, File the Complaint for Limitation of Liability

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more

Video: Hurt or Sick on the High Seas – Your Rights When Taking a Cruise

Millions of people each year take cruises for many reasons – a lifelong dream to see a particular part of the world, a special romantic trip such as a honeymoon, or to have fun or celebrate an occasion. This adds up...more

Not Named, No Coverage: Additional Insured Status Denied

In One Beacon Ins. Co. v. Crowley Marine Services, Inc., ___F.3d ___, 2011 WL 3195292 (5th Cir. (Tex.) July 28, 2011), the U.S. Court of Appeals for the Fifth Circuit upheld an insurer's denial of coverage for a party not...more

U.S.S.C. Rules that Carrier Negligence Does Not Incorporate Proximate Cause Standard

In CSX TRANSPORTATION, INC. v. MCBRIDE, the U.S. Supreme Court has held that the Federal Employers' Liability Act, which the Jones Act incorporates, does not incorporate “proximate cause” standards developed in...more

Weekly Law Resume - May 19, 2011: Torts - Ship Owner Has No Duty to Warn Maritime Contractor Employees of Asbestos-Related Hazards...

Alan Bartholomew v. SeaRiver Maritime, Inc. Court of Appeal, First District (March 16, 2011) Alan Bartholomew was employed between 1977 and 1980 as a marine machinist at West Winds, a maritime ship repair contractor. He...more

The Gulf Coast and UNCLOS

This is the scholarly writing paper that I wrote for my Law of the Seas class. It looks at the Gulf Coast oil spill of 2010 and relates international and national law to it....more

How to suppress piracy with law

TWo untamed elephants are in the room: piracy and liability. Taming liability controls piracy. Here is how. Piracy unites to protect owners in investments; labour in lives; states in trade; and law in civil safety and...more

Liability of Owners and Operators for Injury to Persons Onboard

How far does the obligation of a duty of care regarding safety onboard a ship go? In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care...more

3 Qualities Your Maritime Jones Act Attorney Should Have

Looking for a maritime lawyer to handle a Jones Act maritime case? This article discusses the 3 'must haves' for any attorney before you hire him to handle your maritime case....more

Supreme Court Holds That an Amended Pleading “Relates Back” Even When Plaintiff Knew of the Cruise Line’s Existence and Delayed in...

Wanda Krupski brought a diversity negligence claim against Costa Cruise Lines for injuries sustained when she tripped over a cable on a cruise ship. Krupski’s passenger ticket identified the cruise line owner, Costa Crociere...more

Louisiana Maritime Attorney Comments on Jones Act Arbitration

The Terrebonne and Harrington decisions indicate that the courts are inclined to enforce arbitration clauses in agreements between seamen and their employers under circumstances where the agreement is not part of the...more

Resort Torts: Vacation, Resort and Recreational Liability

Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more

What to Do When Injured on a Cruise Ship

If you have been injured while a cruise ship passenger on a cruise, there is a good chance the cruise line is responsible for your injury and you should consider securing compensation for your injury. This article explains...more

California Jones Act Lawyer Advises How Seamen Can Assert Their Rights Under the Jones Act Maritime Law in the United States

Jones Act and Maritime lawyers are few and far between in California despite the hundreds of miles of coastline. For most attorneys the rules governing injured seamen and dock workers are something that has never crossed...more

Healey v. Spencer

Complaint for Personal Injuries

In this case my client's foot was cut off by the propeller of a ngeligent pleasure boater. The accident happened on Lake Havasu which is bordered by both California and Arizona. Although we could have handled this case under...more

Hip Fracture Leads to RSD - $3,500,000 Pain and Suffering Verdict Upheld on Appeal

On July 21, 2003, George Brown had been employed as a seaman without missing a day of work for over 30 years. Working as a barge captain on a 376 foot long ocean going vessel carrying 120,000 barrels of oil, Brown fell about...more