Posts by Latti & Anderson LLP
Maintenance and Cure Compensation for Injured and Ill Seamen
When a seaman becomes sick or injured on the job, his or her employer is required to provide maintenance and cure compensation. The responsibility for ship owners to provide care to sick and injured seamen dates back to the early 1800s. Although maintenance and cure compensation is not a new development in maritime law, maritime…
Read MoreU.S. Coast Guard Investigating Tugboat Fire
Around 2 a.m. on Tuesday, Mar. 27, a U.S.-flagged tugboat known as the PATRICE MCALLISTER caught fire in Canadian waters on Lake Ontario with six people aboard. Both the U.S. Coast Guard and the Canadian Coast Guard responded to the tugboat fire. A Canadian helicopter transported the vessel’s chief engineer to a hospital in Belleville,…
Read MoreCrews Finish Removing Fuel from the Shipwrecked COSTA CONCORDIA
Italian authorities recently announced that efforts to remove fuel from the shipwrecked COSTA CONCORDIA concluded on March 24. Reportedly, crews drained more than 2,000 tons of fuel and sewage from the capsized ship. There have been no reports of significant pollution at the wreckage site or in the pristine waters surrounding it. Even though fuel…
Read MoreFive More Bodies Recovered from COSTA CONCORDIA Wreckage
Last week — more than two months after the COSTA CONCORDIA struck a reef and capsized off the coast of Italy — efforts to recover the bodies of all who were killed in this tragic cruise ship accident continued. On March 22, divers found three bodies situated between the ship’s hull and the seabed, finding…
Read MoreTwo Men Rescued from Sinking Fishing Vessel
In February, the U.S. Coast Guard assisted in rescuing two men from a fishing vessel that was taking on water. The incident occurred about nine miles east of Kennebunkport, Maine. An 81-foot fishing vessel, known as the PLAN B, began taking on more water than its pumps could handle. The two men on board notified…
Read MoreTwo Fishermen Learn Why Boating and Fatigue Don’t Mix
For two men, an April salmon-fishing trip off the coast of California turned into a nightmare when their vessel ran aground. Luckily, both men survived the fishing accident, and their story now serves as a reminder about the dangers of boating while fatigued. A skipper and his lone crewman set out in a 58-year-old, wooden…
Read MoreThree More Bodies Found in COSTA CONCORDIA Wreckage
Divers located three more bodies in the COSTA CONCORDIA wreckage last Thursday, bringing the total body count to 28. Four people still remain missing and are presumed dead. Details about the victims’ genders and ages were not immediately released. According to media reports, the bodies were seen between the hull and the seabed. As of…
Read MoreDOHSA Applies to Certain Airplane and Helicopter Crashes
The Death on the High Seas Act (DOHSA) made headlines following the Deepwater Horizon explosion, as people became concerned that BP would get away with paying only minimal damages to the family members of the 11 rig workers who died in that tragic offshore accident. One thing about DOHSA that many people may not know…
Read MoreWhy the BP Oil Spill Thrust DOHSA into the Spotlight
The BP Deepwater Horizon explosion occurred more than three nautical miles from the U.S. shoreline, making the Death on the High Seas Act (DOHSA) applicable to wrongful death claims filed by family members of the 11 rig workers who died in this tragic offshore accident. Sadly, because this maritime law is outdated, it can drastically…
Read MoreWhat Is the Death on the High Seas Act?
Congress enacted the Death on the High Seas Act (DOHSA) in 1920 to allow families of persons killed more than three nautical miles from a U.S. shoreline to seek compensation for their loved one’s wrongful death if it resulted from negligence or unseaworthiness. Unfortunately this law is rather cold, limiting most claimants’ recovery to loss…
Read MoreSlew of Cruise Ship Sexual Assaults Involving Underage Victims
For some cruise ship passengers, what is supposed to be a fun family vacation turns into a nightmare when they learn their minor child has been the victim of a sexual assault. Sadly, there have been a slew of cruise ship sexual assaults during the past few months involving underage victims. Earlier this month, federal…
Read MoreSuing a Cruise Line Following a Cruise Ship Assault
If you were assaulted or sexually assaulted as a passenger on board a cruise ship, you should contact a maritime attorney immediately. The cruise line will do its best to protect itself, and you will need someone with knowledge of the law in this area and experience fighting against large corporations to protect you. Call…
Read MoreWhat to Do If You Are Assaulted on a Cruise Ship
Unfortunately, not all cruise ship passengers head home with fond memories of their time on board the ship. Some passengers become the victim of a cruise ship assault or sexual assault, suffering physical and emotional harm. While passengers may like to believe cruise lines only hire trustworthy individuals, FBI statistics show that over half of…
Read MoreLimitations of the Limitation of Liability Act
Perhaps one of the most famous cases involving the Limitation of Liability Act is the sinking of the Titanic. The Supreme Court ruled in favor of the ship’s British owner and limited its liability to the vessel’s post-wreck value, which was about $92,000 for the remaining lifeboats. What that meant is that even though there…
Read MoreWhy You Should Act Quickly After Receiving a Petition for Limitation of Liability
Congress enacted the Limitation of Liability Act during the 19th century in an effort to improve competition and investment in the shipping industry. Now, however, negligent watercraft owners can use this act as a means to shield themselves from lawsuits brought by people injured on their vessel. The owner of the vessel can file a…
Read MoreCOSTA ALLEGRA Fire Leaves Over 1,000 People Adrift at Sea for Three Days
COSTA ALLEGRA Fire Leaves Over 1,000 People Adrift at Sea for Three Days Costa Cruises and its parent corporation, Carnival Cruise Lines, have made headlines again, just over six weeks after the COSTA CONCORDIA capsized off the coast of Italy, claiming the lives of at least 25 people. On Feb. 27, the COSTA ALLEGRA became…
Read MorePreventing Summertime Tragedies: Safety Tips for Recreational Boaters
For many people, summer fun includes water-based activities like swimming, Jet Skiing and boating. Sadly, sometimes summer fun turns to tragedy. According to the U.S. Coast Guard, there were 4,604 recreational boating accidents in 2010, resulting in 672 deaths and 3,153 injuries. Of those killed, 21 were children under the age of 13. These statistics serve…
Read MoreSure You Can Rent This Jet Ski . . . Just Sign This Liability Waiver First
One way to cool off during the summer is to hit the water on a boat or Jet Ski. For people who do not own a boat or Jet Ski or whose vessel is not in working condition, numerous companies offer a solution: watercraft rental. When a person rents a watercraft, he or she typically…
Read MoreAre Cruise Ship Liability Waivers Enforceable?
Are Cruise Ship Liability Waivers Enforceable? Many cruise lines now offer onboard activities like rockwall climbing, zip lines, ice skating or simulated surfing, and they typically require passengers to sign a liability waiver before participating in any of these activities. One cruise ship attraction that has recently garnered legal headlines is Royal Caribbean’s FlowRider, which…
Read MoreTugboat Captain Dies After Being Brutally Beaten in Mexico
On Dec. 27, 2011, tugboat captain Patrick Warga, 46, of Bainbridge Island, Wash., died from injuries he suffered during a Christmas morning mugging in Tampico, Mexico. Warga was an employee of Seattle-based Foss Maritime whose work had taken him to the Tampico region. He died in a San Diego hospital surrounded by his family, leaving…
Read MoreCoast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass.
Coast Guard Rescues Possible Heart Attack Victim from a Fishing Vessel Off the Coast of Mass. The U.S. Coast Guard recently rescued a maritime worker who was experiencing symptoms of a possible heart attack while on a fishing vessel about 60 miles southeast of Nantucket, Mass. The 46-year-old’s symptoms included severe chest pains, heavy breathing,…
Read MoreCOSTA CONCORDIA Fuel Removal Gets Underway After Two Weeks of Delays
COSTA CONCORDIA Fuel Removal Gets Underway After Two Weeks of Delays After two weeks of delays due to rough seas and unfavorable weather conditions, crews began pumping fuel from the capsized COSTA CONCORDIA on Feb. 12. The ship sits off the coast of Tuscany, Italy, where it ran aground on Jan. 13, claiming the lives…
Read MoreSeeking Compensation for a Maritime Hand or Foot Injury
Whether working on a vessel as a crewmember or seaside as a longshoreman, maritime workers frequently risk having their hands and feet crushed, severed, broken or otherwise injured. A worker’s hand or foot can become entangled in a moving line or caught in equipment. It can also be crushed between a vessel and a dock or…
Read MoreMaritime Law Protects Injured Dockworkers
Last month, a storage container fell from a crane and killed a dockworker at the Port of Long Beach. In August, a Philadelphia longshoreman died from a fall. As these accidents suggest, working shore-side can be dangerous. Dockworkers, also known as longshoremen, risk serious injury and death in their line of work. They utilize heavy…
Read MoreWhen a Maritime Worker Suffers a Traumatic Brain Injury
One of the most serious injuries a maritime worker can sustain is a traumatic brain injury (TBI). According to the Centers for Disease Control, TBIs contribute to one-third of all injury-related deaths in the U.S. While not all TBIs are deadly, a brain injury can permanently alter one’s life. Recovering from a moderate to severe…
Read MoreUnderstanding Your Rights Under Maritime Maintenance and Cure Laws
Since the early 1800s, ship owners have been responsible for providing care to seamen who sustain an injury or fall ill while working. Today, this care is known as maintenance and cure, which is available to any seaman injured on the job, regardless of who caused the injury. Unfortunately, not all employers follow the letter…
Read MorePrevailing Under the Jones Act
In 1920, Congress enacted the Jones Act to establish protections for maritime workers who sustain an injury while working at sea. Seamen cannot receive regular workers’ compensation for job-related injuries, but they do have the option to sue their employer under the Jones Act, as well as under unseaworthiness and defective equipment laws. The Jones…
Read MoreInjured While Working in the Maritime Industry? Learn About Your Rights
Maritime workers who sustain an injury or contract an illness on the job have certain rights under maritime law. Some of the laws protecting maritime workers are: The Jones Act, which protects seamen injured during the course of their employment and due to their employer’s negligence The Longshore Act, which protects maritime workers who are…
Read MoreMiddleborough Woman Dies on Royal Caribbean Cruise After Falling Down Staircase
On Jan. 30, Middleborough, Mass. resident Barbara Wood, 47, fell down a staircase on Royal Caribbean’s Liberty of the Seas, hit her head and died aboard the ship. Reportedly, Wood was leaving the onboard Catacombs nightclub when the accident occurred. She received treatment in the ship’s infirmary but was pronounced dead at 2:50 a.m. Although…
Read MoreClass Action Lawsuit Filed in Florida on Behalf of COSTA CONCORDIA Survivors
Class Action Lawsuit Filed in Florida on Behalf of COSTA CONCORDIA Survivors Last Tuesday, a New York personal injury attorney announced the filing of a $460 million class action lawsuit in Florida on behalf of more than 500 passengers who survived the COSTA CONCORDIA disaster. Despite Costa’s ties to Florida, according to Boston maritime trial…
Read MoreCOSTA CONCORDIA Fuel Removal Efforts Begin
COSTA CONCORDIA Fuel Removal Efforts Begin Preliminary efforts to remove the 2,500 tons of fuel and oil from the capsized COSTA CONCORDIA began last week. The ship sits off the coast of the Tuscan island Giglio, in waters that are part of a protected marine park where porpoises, dolphins and whales thrive. On Jan. 24,…
Read MoreWill the COSTA CONCORDIA Disaster Prompt Cruise Lines to Improve Their Safety Procedures?
Maritime law allows a cruise ship 24 hours from the time it sets sail to conduct a muster drill, where all passengers are physically assembled and given instructions concerning safety procedures. In order to avoid inconveniencing passengers shortly after they board, some cruise lines opt to conduct the required muster drill after a ship has…
Read MoreCOSTA CONCORDIA Disaster Casts Negative Light on the Practice of Sail-Bys
COSTA CONCORDIA Disaster Casts Negative Light on the Practice of Sail-Bys It has been widely reported that Captain Francesco Schettino strayed from the COSTA CONCORDIA’s approved course to take the ship near the island of Giglio in a maneuver known as a “salute” or a “sail-by.” He admits to making a navigational error that caused the…
Read MoreCEO Admits Costa Sometimes Encouraged Its Captains to Sail Near the Coast
CEO Admits Costa Sometimes Encouraged Its Captains to Sail Near the Coast Pier Luigi Foschi, chief executive officer of Costa Cruises, admitted to a Senate committee in Rome that the company “did sometimes encourage its captains to sail close to the coast, saying the practice was ‘in demand’ and ‘helps enrich the product,’” according to…
Read MoreItalian Officials Release Names of Victims in COSTA CONCORDIA Tragedy
Last week, Italian officials released a list of the passengers and crew killed in the COSTA CONCORDIA tragedy. As of Thursday, the death toll had reached 16, including three bodies recovered from the wreckage that had yet to be identified. The list of confirmed dead included: Four passengers from France Three passengers from Germany Three…
Read MoreBoating Under the Influence in Massachusetts
Boating Under the Influence in Massachusetts Boating under the influence of alcohol or drugs can be deadly. According to statistics compiled by the U.S. Coast Guard, alcohol or drug use was the primary factor in approximately seven percent of all recreational boating accidents in 2010, and drunk boating claimed 126 lives that year. To discourage…
Read MoreThe Dangers of Drunk Boating
Last September, Winthrop resident Lloyd W. Thompson pleaded not guilty to charges of operating a boat while drunk and negligent homicide. Thompson, an experienced boater and vice commodore of the Winthrop Yacht Club, was allegedly drunk when he crashed a powerboat into a sailboat. One of his passengers, Regina Mosher, sustained a fatal brain injury…
Read MoreMental Distractions: Captain in COSTA CONCORDIA Accident Prioritized Favor for Crewmember Over Safety of Ship
Boater distraction often involves a tangible object, like a cell phone. Sometimes, however, a boater’s daydreams or thoughts serve as a distraction. When a boat operator’s mind strays from safely piloting the vessel, the operator has become mentally distracted. The recent and tragic cruise ship accident in which the COSTA CONCORDIA capsized off the coast…
Read MoreDistracted Tugboat Operator Gets Prison Sentence for Causing Deadly Accident
On July 7, 2010, a tugboat-propelled barge collided with a tour boat near Philadelphia, causing the sightseeing vessel to sink. Two tourists, ages 16 and 20, lost their lives. When struck, the tour boat sat anchored as crewmembers addressed a mechanical issue. A National Transportation Safety Board report pointed to distracted boating as the cause…
Read MoreThe Dangers of Distracted Boating
The National Transportation Safety Board (NTSB) warns using an electronic device while boating can be dangerous. The NTSB began voicing concerns about distracted boating following two maritime accidents in late 2009 involving Coast Guard officers who were using cell phones. The incidents prompted the NTSB to expand its warnings about operator distraction to include not…
Read MoreWorker Trips Over Rope While Unloading Fishing Boat, Falls Almost Nine Feet
On Jan. 9, Leo Vitale was unloading fish from the Angela Rose at BASE Gloucester seafood exchange when he fell approximately nine feet onto the boat. When the accident occurred, it was half tide, so the boat was several feet lower than the dock. Vitale’s accident could have been even worse if the tide had…
Read MoreCOSTA CONCORDIA Evacuation Marked by Chaos, Inexperienced Crew
COSTA CONCORDIA Evacuation Marked by Chaos, Inexperienced Crew Survivors of the COSTA CONCORDIA cruise ship disaster described a chaotic scene as passengers attempted to evacuate the damaged, sinking ship. Media sources soon reported that the passengers received no safety drills or evacuation instructions before they were forced to flee the ship. Maritime law states cruise…
Read MoreCOSTA CONCORDIA Sinking is a Potential Environmental Disaster
COSTA CONCORDIA Sinking is a Potential Environmental Disaster In the days since the COSTA CONCORDIA disaster, officials have focused most of their time and energy on caring for passengers and crew and searching for those still missing. Complications from the accident, however, do not end there. Oil, fuel and other pollutants from the tragic cruise…
Read MoreThe COSTA CONCORDIA Sinking: Is Carnival Protecting Its Passengers or Its Bottom Line?
When something terrible happens, people need to assign blame. When a disaster has the potential to severely affect an entire industry, it is in that industry’s interest to find a scapegoat. In the wake of the COSTA CONCORDIA disaster off the Italian coast, the media and Carnival Cruise Line, owners of the Costa line, have…
Read MoreWhen Tort Reform Backfires: The BP Oil Spill
On April 20, 2010, an offshore drilling rig known as the Deepwater Horizon exploded in the Gulf of Mexico. The explosion claimed the lives of 11 crewmembers and caused the largest oil spill in U.S. history. British Petroleum (BP) leased the rig from Transocean. This devastating offshore accident added fuel to the already hotly debated…
Read MoreFlorida Court Says Cruise Ship Passenger Can Seek Punitive Damages in Personal Injury Case
The “hot coffee” lawsuit in the 1990s made punitive damages a fiercely debated topic. Stella Liebeck was riding in her grandson’s car, which he stopped so she could add cream and sugar to her McDonald’s coffee. With the cup secured between her legs, she attempted to remove the lid. The cup tipped, spilling the scalding…
Read MoreArbitration Agreement Signed by Princess Cruise Lines Crewmember Keeps Her Jones Act Claim Out of Court
Arbitration Agreement Signed by Princess Cruise Lines Crewmember Keeps Her Jones Act Claim Out of Court In yesterday’s post, we discussed binding arbitration clauses, exploring how corporations essentially use them as do-it-yourself tort reform to prevent class actions and to keep individual claims out of the courtroom. Many cruise lines include arbitration agreements in their…
Read MoreCOSTA CONCORDIA Sinks in Italy Due to Human Error, Captain Under Investigation for Manslaughter
COSTA CONCORDIA Sinks in Italy Due to Human Error, Captain Under Investigation for Manslaughter Six people are dead and 16 remain missing after the cruise ship COSTA CONCORDIA hit a reef and capsized into the port area of Giglio, Italy with 4,200 passengers on board. On Monday, authorities were forced to suspend their ongoing rescue…
Read MoreArbitration Clauses: Do-It-Yourself Tort Reform
Arbitration Clauses: Do-It-Yourself Tort Reform Nowadays, binding arbitration clauses appear seemingly everywhere — from credit card terms and conditions to maritime employment contracts. According to Professor of Law David S. Schwartz, “by adding an arbitration clause, a would-be defendant can do away with juries, with pesky discovery into its documents or employees’ testimony, and, now,…
Read MoreWorker’s Three-Year Break in Service Undermines His Jones Act Claim
In August, the Fifth Circuit Court of Appeals upheld a district court ruling out of the Southern District of Texas that an oil rig worker’s three-year break in service negated his status as a seaman, making him ineligible for relief under the Jones Act. Ricky Abram filed a Jones Act lawsuit against Nabors Offshore Corporation,…
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