Maritime Injury Law Blog

CONTAINER SHIP LOSES POWER IN STRAIT OF JUAN DE FUCA

2010-03-03T21:22:11Z

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.

ISLAND TUG AND BARGE SINKS TUG BOAT IN SEATTLE’S DUWAMISH RIVER

2010-03-02T23:20:43Z

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.

CREW RESCUED FROM SINKING DREDGE IN WASHINGTON

2010-02-24T18:52:12Z

Three crewmen have been rescued from a dredge taking on water near the Quillayute River near La Push, Washington. The dredge, “Bar Fly,” reportedly got hung up on its anchor and began taking on water, causing the crew to radio the Coast Guard for help. The dredge sank in ten feet of water, and salvage and efforts to limit environmental damage are underway. There were no reported injuries in the accident.

In a recent decision by the United States Supreme Court, crewmen aboard dredges such as the Bar Fly have been declared to be Jones Act seamen and covered by Federal Maritime Law. Maritime employers owe dredge workers a safe place to work and a seaworthy vessel. In almost all accidents such as this one, the accident is preventable if proper safety procedures are followed.

CREWMAN DIES IN SINKING OF TUGBOAT IN HOUSTON SHIPPING CHANNEL

2010-02-19T17:47:00Z

The tugboat J.R. Nichols has sunk in the Houston Shipping Channel. The 56-foot tugboat had a crew of five aboard at the time of the sinking. Four of the five crewmen survived the sinking, but the fifth crewman died in the accident. Salvage efforts have raised the J.R. Nichols, and an investigation is underway into the cause of the sinking. The tugboat is reportedly owned by Kinder Morgan.

SEAMAN MISSING FROM FISHING VESSEL NEAR SAMOA

2010-02-01T20:52:43Z

The state-of-the-art, 207-foot-long tuna vessel, Sea Fox, is reporting a man missing overboard near American Samoa. The crewman was last seen aboard the vessel on Thursday. The Coast Guard and Sea Fox crew are conducting air searches for the missing man. It is not known whether the crewman was wearing a life vest or flotation device. Records indicate the Sea Fox is managed by South Pacific Tuna Corporation and United States Tuna Management Company, home-based in San Diego, California.

OREGON RIVER BOAT RUNS AGROUND NEAR PORTLAND

2010-02-01T20:49:10Z

The Willamette Queen, an 87-foot-long sightseeing sternwheeler, has run aground near Oregon City. The incident happened around 5:30 P.M. on Sunday. There were no reported injuries to the 80 passengers on board the vessel. Two Coast Guard vessels and a tug responded to the accident and were able to free the Willamette Queen and tow it to Willamette Park in Portland.

GRAIN BARGE COLLIDES WITH BRIDGE ON OHIO RIVER

2010-02-01T20:42:49Z

The 70-foot tugboat, Gentry B, has collided with a bridge on the Ohio River. The cause of why the tugboat, which was pushing three loaded grain barges, collided with the bridge is under investigation by the Coast Guard. One crewman was reported injured in the accident. The Day Park Bridge was briefly shut down as a result of the accident. Inspectors and accident investigators form the Coast Guard and Kentucy Department of Transportation have since reopened the bridge to automobile traffic.

CREWMAN FALLS OVERBOARD AND IS MISSING FROM CONTAINER SHIP NEAR ADAK ISLAND ALASKA

2010-01-28T18:29:29Z

A crewman from the 792 foot containership CAP GILBERT has been reported as having fallen overboard and is missing 450 miles south of Adak Island, Alaska. The Liberian flagged CAP GILBERT was enroute from China to Mexico when the crewman fell into seas estimated at 20 feet. The vessel contacted the United States Coast Guard to assist in the search for the missing 26 year old crewman from Burma. The Coast Guard search has been suspended after searching nearly 900 square miles with no sign of the missing crewman.

SEARCH UNDERWAY FOR CRASHED PLANE NEAR SAND POINT ALASKA

2010-01-22T18:32:47Z

A small Beechcraft aircraft carrying two passengers is reported to have crashed into the water near Sand Point, Alaska. A debris field has been located, but the passengers of the plane have not been located. Coast Guard vessels and helicopters are actively searching the area for possible survivors. The circumstances of the crash are unknown and under investigation.

ALASKA FISHERMEN RESCUED FROM SINKING VESSEL

2010-01-20T21:19:08Z

Three fishermen have been rescued from a sinking fishing vessel near Kodiak Island. The crewmen aboard the fishing vessel, Butterfly, reported their vessel was taking on water and their pumps were unable to keep up with the flooding. A nearby fishing vessel, the Tempest, came to the rescue of the sinking vessel’s crew. The Coast Guard lowered additional pumps to the Butterfly, and the Tempest was able to tow the vessel to Old Harbor on Kodiak Island. The cause of the flooding is still under investigation.

COURT ORDERS AMERICAN SEAFOODS TO PRODUCE VESSEL FOR INSPECTION BY INJURED SEAMAN

2010-01-08T23:46:22Z

American Seafoods has been ordered to produce the Northern Hawk for inspection by an injured seaman. The matter arises out of a plate freezer accident on board the Northern Hawk in 2008. American Seafoods had refused to allow the inspection unless the injured seaman first agreed to have his deposition taken. Under Washington Court rules there is no priority given to a vessel owner permitting them to take a deposition prior to responding to discovery requests. In this case, the injured seaman had been seeking to inspect the vessel for many months prior to American Seafoods requesting the crewman’s deposition. The Court ordered American Seafoods to produce the Northern Hawk at a mutually agreeable time prior to the vessel departing for 2010 Pollock season, and that the seaman’s deposition was to be conducted only after the vessel inspection. The Court further held that the seaman and his legal experts did not need to sign liability waivers as a condition of inspecting the vessels. American Seafoods will be required to operate and allow measurement of the plate freezer and the plate freezer controls during the inspection. The seaman will be required to reimburse American Seafoods sixty dollars for operating the plate freezers during the vessel inspection. The seaman was represented by Beard Stacey & Jacobsen. The case is Sanchez v. American Seafoods, King County Cause No. 09-2-12715-8-SEA.

In cases involving serious personal injury, the inspection of the vessel by experts selected by the injured seaman’s lawyers is a critical piece of the process of evidence gathering. It is important that all machinery be operational at the time of the inspection and that the accident site be fully photographed and videotaped. What type of experts conduct the inspection is dependent upon the type of equipment and injuries involved. It is important to document the accident site before changes are made to the ship’s equipment involved in the accident.

Three Alaska Fishing Vessels Ordered to Return to Port for Safety Violations

2010-01-08T00:32:12Z

Three Alaska fishing vessels have been ordered by the United States Coast Guard to return to port for violations of safety regulations. One of the vessels had an expired life raft and the other two vessels lacked primary safety devices. Two of the vessels also had expired documentation. Two of the vessels were home ported in Craig, Alaska and the third vessel was from Klawock.

Coast Guard regulations require life rafts to be repacked annually and the hydrostatic releases must be regularly replaced and serviced. The Coast Guard conducts random vessel inspections of commercial fishing vessels. Remarkably, fishing vessels have few safety regulations that apply to them yet fishing vessels such as these still fail to comply with basic regulations relating to life saving equipment. In the past twenty years, epirbs, life rafts, and survival suits have allowed crewmen to survive many vessel sinkings. These three cited vessels will have to prove compliance with Coast Guard regulations before they can return to sea. Voluntary dockside safety inspections are available from the Coat Guard to all commercial fishing vessels.

Failure to maintain life safety equipment may render a vessel unseaworthy and result in imposition of liability in cases involving injuries and wrongful deaths.

28 CREWMAN IN DANGER ON DISABLED INDIAN FREIGHTER

2009-12-23T17:57:42Z

On December 21, 2009, a 740 foot Indian flagged freighter, SURYAVIR, has lost power and is battling high winds and seas 540 miles southwest of Alaska’s Adak Island. The vessel has 28 crewmen on board and is currently handling 20-30 foot seas and 50 mile an hour winds. There are no current plans to abandon the ship which has been in continuos contact with the United States Coast Guard. The Maersk ALTAIR is in route to the disabled vessel to provide assistance if necessary, a commercial tug has also been dispatched and is scheduled to reach the vessel on Tuesday. The SURYVAIR was in route from China to the Columbia river and is reported to be carrying no cargo.

COAST GUARD VESSEL COLLIDES WITH SMALL RECREATIONAL VESSEL KILLING AN 8-YEAR-OLD CHILD IN SAN DIEGO BAY

2009-12-23T17:46:04Z

A 33-foot-long Coast Guard vessel crashed into a 24-foot recreational vessel killing an 8-year-old child and seriously injuring five others. The accident happened in San Diego Bay during the annual Parade of Lights. Weather conditions were fair and clear, and the cause of the accident is under investigation. The Coast Guard vessel was reportedly responding to a grounded vessel.

WASHINGTON CRAB FISHERMAN MISSING OVERBOARD NEAR LA PUSH, WASHINGTON

2009-12-22T01:01:44Z

A 20 year old crab fisherman has been reported as lost overboard from the F/V VICIOUS FISHER 20 miles west of La Push, Washington. The crewman was wearing rain gear and no life jacket or flotation device. The Coast Guard is conducting a search for the missing fisherman. The VICIOUS FISHER is home ported in Bellingham, Washington.

This is the second crab fisherman lost overboard in Washington in three weeks. In the first week of December, a crewman was lost from the F/V BALLAD. The commercial crab fishery in Washington and Oregon remains the most deadly fishery on the west coast. Few safety regulations apply to uninspected commercial fishing vessels involved in the Washington and Oregon crab fisheries.

The families of crewmen lost in fishing accidents have rights under Federal Maritime laws including the Jones Act and the Death On the High Seas Act.