What 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…

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Slew 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…

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Suing 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…

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What 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…

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Limitations 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…

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COSTA 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…

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Preventing 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…

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Are 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…

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Tugboat 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…

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COSTA 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…

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Seeking 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…

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Maritime 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…

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When 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…

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Understanding 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…

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Prevailing 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…

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Injured 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…

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Middleborough 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…

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Class 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…

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COSTA 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…

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CEO 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…

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Italian 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…

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Boating 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…

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The 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…

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Distracted 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…

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The 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…

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COSTA 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…

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COSTA 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…

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When 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…

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Arbitration 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…

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Arbitration 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,…

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Worker’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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Norwegian Cruise Line Abandons Elderly Couple in Columbia

In October, Norwegian Cruise Line’s Norwegian Star dropped off 79-year-old Betty Coleman and her husband Ronald at a clinic in Cartagena, Columbia, and the ship then left the couple there without notifying anyone in the U.S. Ronald reportedly came down with norovirus, and after medical treatment on board the ship did not help, Norwegian took…

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CRUISE Act Seeks to Exempt Certain Foreign Ships from the Jones Act

In July, U.S. Representative Blake Farenthold (R-Tex.) introduced legislation that would amend federal maritime law to allow foreign ships to travel from U.S. port to U.S. port. Under the Jones Act, foreign ships are generally restricted from traveling directly from one U.S. port to another. To travel directly between U.S. ports, passenger or cargo vessels…

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Ohio Woman Killed During Cruise-Sponsored Snorkeling Excursion

Last February, 59-year-old Diana Mechling of Ohio died during a snorkeling excursion off the coast of Belize. A passenger on Holland America’s Ryndam cruise ship, she sustained fatal injuries shortly after entering the water, when the captain of the snorkeling boat, the Reef Rocket, tried to steady the vessel by putting it in reverse. This…

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Don’t Miss Your Window for Filing a Maritime Lawsuit

Maritime law, also known as admiralty law, deals with activities that take place on bodies of water. It protects people injured on rivers, streams, lakes, seas and oceans, as well as on docks, piers or in shipyards. Attorneys dedicated to this distinct field of law help maritime accident victims and their families fight for fair…

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