The Orange County Sheriff’s Office reports that two men died and one injured when their vessel hit a bridge during high tide on Huntington Harbor. The Sheriff’s Office said that alcohol was a factor in the accident. The report claims that these three men needed to duck to avoid striking…
Maritime Injury Law Blog
Court Extends Statute of Limitations for Unknowingly Ill Seaman
The Fifth Circuit Court of Appeals recently ruled a seaman may bring a Jones Act case against his or her employer after the three year statute of limitations if the severity and source of the seaman’s injury or illness were not known until well after the action leading to the…
Court Rules Against Fee for Passengers on Private Vessels
The United States Second Circuit Court of Appeals recently ruled that the fee imposed on ferry passengers was unconstitutional under the Commerce Clause and the Tonnage Clause. This case questions the constitutionality of a fee imposed on passengers traveling via private ferry from Bridgeport, Connecticut to Port Jefferson, New York.…
U.S. Supreme Court Rules Against Personal Property Tax on Docking Vessels
A recent decision by the United States Supreme Court overruled the Alaska Supreme Court, ruling that the City of Valdez, Alaska improperly imposed a personal property tax upon the value of large vessels traveling to and from the city. Justice Breyer, writing for the majority, asserted that this tax violated…
NMFS Passes New Regulations for Safer Boarding Ladders
The National Marine Fisheries Service (NMFS) recently passed new regulations requiring operators to provide a USCG-approved pilot ladder on domestic fishing vessels with a freeboard of greater than four feet. This pilot ladder will be a safe and enforceable means for authorized personnel to board larger fishing vessels. This is…
2006 Report Concerned About Pacific Coast Fisheries Safety
A 2006 report regarding commercial fishing fatalities has pinpointed Pacific Coast fisheries as one of the most dangerous places to work in the country. This report, written by the Center for Disease Control (CDC), reveals an average annual fatality rate of 115 deaths per 100,000 fishermen, more than 28 times…
$4.1 Million Judgment For Longshoreman In Wrongful Death Claim
A judgment for 4.1 million dollars has been entered in favor of the Estate of a Tacoma Longshoreman by United States District Court Judge Robert Bryan. The judgment arises from a 40-foot shipping container accident in November of 2006 at the Port of Tacoma. The longshoreman’s estate alleged that a…
CHILD SUPPORT LIENS AND SEAMAN’S MAINTENANCE
Some injured seamen who rely upon maintenance payments for economic support while recovering from injuries, have been dealt a blow by the Ninth Circuit Court of Appeals. In Aguilera v. Fishing Company of Alaska 535 F. 3d 1007 (August 2008) the Court held that a Texas State lien for back…
CONCERN OVER POSSIBLE POLLUTION FROM GROUNDED ALASKA FISHING BOAT
The Coast Guard is concerned over possible fuel leakage from the grounded fishing vessel, MAR GUN. The vessel went aground early yesterday morning on St. George Island. The five-member crew of the MAR GUN was rescued from the vessel by a United States Coast Guard helicopter. However, the grounded vessel…
FIVE CREWMEN RESCUED FROM GROUNDED FISHING TRAWLER
The fishing vessel MAR-GUN issued a mayday call early this morning, reporting they were aground half a mile from St. George Island, Alaska. The five-member crew aboard the 112-foot Seattle based stern trawler were hoisted to safety by a Coast Guard MH-60 Jayhawk helicopter. Weather at the scene was reported…