The history of piracy is a long one, and piracy remains a threat in modern times. The potential for pirate attack may exist in any waters, but during the past decade it is Somali pirates along the east coast of Africa and in the Indian Ocean who receive the headlines.…
Maritime Injury Law Blog
Machine Guarding Aboard a Fishing Vessel is Federal Regulation
Too many casualties in the fishing industry, including amputations and death, are caused by unguarded machinery parts catching a worker’s fingers, limbs, clothing, or hair. Long hours with little rest, the fast pace of work, and rolling seas increase the risk when the moving parts of a machine are not…
The Navy-Marine Corps Relief Society: Serving Those Who Serve Us
Beard Stacey & Jacobsen supports our local Navy service members and families through the Navy-Marine Corps Relief Society (NMCRS). NMCRS is a non-profit organization and, as such, programs are funded completely through charitable donations. NMCRS case workers are trained to address the specific financial needs of service members, veterans, as…
Focus on Fishing Industry Safety
A preliminary report for 2010, made this past August by the U.S. Bureau of Labor, shows that fishers and those in related fishing industry work continue to have the highest fatal injury rate of all employment categories in the U.S. This chart sums up the higher than average occupation-related death…
Is There a Correlation Between Long Shifts, Too Few Crewmembers, and Unseaworthiness?
BACKGROUND In the matter of Samson Ili vs. American Seafoods Company, LLC, and American Triumph, LCC, et al, a Washington Federal trial case, Samson Ili worked as a factory processor aboard F/T AMERICAN TRIUMPH for four years until February 9, 2007, the date of his injury. AMERICAN TRIUMPH is part…
Seaman’s Right to Maintenance and Cure Is Not Subject to Employer’s Demand for Independent Medical Exam
In March of 2011, in Tuyen Thanh Mai v. American Seafoods Company, LLC, the Washington State Court of Appeals upheld the ruling that American Seafoods Company (ASC) did not have the right to deny seaman Tuyen Thanh Mai maintenance and cure when she did not agree to ASC’s demand for…
One Man Missing After Oregon Crab Boat Capsizes
Last week the F/V RANDI capsized near the entrance to Coos Bay. Three men were aboard the boat, which was reportedly loaded with gear in anticipation of the opening of the dungeness crab season. Jim Peterson of Coos Bay was reportedly in the wheel house of the vessel when the…
Who Pays Seaman’s Attorney’s Fee When Employer Refuses Medical Treatment?
The usual rule in litigation is that each party pays its own attorney’s fee. It’s called the “American Rule.” There are exceptions to this rule, however. One such exception has to do with maintenance and medical bills of a seaman who is injured while working. In a case pending in…
Expanding Seamen’s Rights By Pursuing Punitive Damages
A pending case in the Washington State Supreme Court is one of the first in the nation to deal with when and how much in punitive damages can be awarded. Punitive damages are awarded to punish bad behavior. The case deals with one of a seaman’s fundamental rights: the right…
Crewman Seriously Injured On Alaska Fishing Vessel KITTIWAKE
A nineteen year old crewman has reportedly been seriously injured while working on the deck of the 38-foot fishing vessel KITTIWAKE. The accident happened on August 18th when a line under tension snapped, striking Daniel Cornelius in the head, causing facial injuries and knocking him unconscious. The United States Coast…