Injury at Sea

Published on: January 30, 2018

Injured Fishermen Entitled to Punitive Damages in Cases of Unseaworthiness

In a precedent-setting case, the U.S. Court of Appeals for the Ninth Circuit has ruled that injured fishermen and seamen are indeed entitled to punitive damages under maritime law unseaworthiness guidelines. In reaching this decision in the case of Batterton v. Dutra Group, the Ninth Circuit Court referenced the outcome of several cases, including Tabingo v. American Triumph LLC, a landmark case handled by Stacey and Jacobsen, PLLC, in the Washington State Supreme Court (read about this case here). The court found that if a shipowner acts “recklessly” and creates an unseaworthy condition, the injured seaman may sue for punitive damages in addition to damages for lost income, pain and suffering, retraining costs, and all other damages.

Batterton Case Background

Christopher Batterton was a deckhand working aboard a vessel owned and operated by Dutra Group. His left hand was crushed when a hatch cover blew open. As air was pumped into a compartment below, the pressure rose to dangerous levels. This accident was directly caused by the absence of an exhaust system. With no exhaust system, the vessel was deemed “unseaworthy”. Batterton sued the vessel owner and sought punitive damages in addition to other damages. The injuries sustained in that accident caused permanent disability to Batterton and took away his livelihood.

Published on: January 23, 2018

E-Stops Reduce Winch Accidents and Entanglements

by Joseph Stacey

One of the most dangerous pieces of equipment on any fishing vessel is the winch; drum winch, capstan and/or cathead. So many accidents and fatalities have been caused by winch entanglements, that in 2012 the US Coast Guard teamed up with NIOSH after the tragic death of a 15-year-old boy. The boy was killed when his clothing became caught in a winch on a shrimp boat. The accident set in motion a project to study these types of accidents and find solutions.

According to Ted Teske, a Health Communications Specialist with NIOSH, a fisherman who is caught and pulled into the winch has no way to stop the equipment. This is because the turn-off switch is mounted on the back of the wheelhouse, far from the winch and the entanglement. Unless someone is at the controls and can swiftly turn off the winch, it will spin several times before stopping.

Teske helped develop a simple device called an E-Stop, or “emergency stop”, that is accessible to a seaman who is caught or entangled in the winch. This simple device interrupts the flow of hydraulic fluid to the winch during an emergency. The E-Stop mounts right on top of the winch. If a fisherman is caught and pulled into harm’s way, the button is within reach. The entangled worker simply hits the button to stop the winch. The system can easily be reset by a crewmember after detanglment. The kit is easy to install, and the company provides all the materials needed, including a custom button, templates, and the cutting heads needed to cut through the winch horn.

Published on: January 16, 2018

Mooring Line Safety and Maintenance

by Joseph Stacey

The recent death of a worker on the Duwamish Waterway in South Seattle is a grave reminder of the importance of mooring line safety. John Henry Volkmann IV was trying to tie a gravel barge at the dock of a concrete plant on East Marginal Way South, when the mooring line he was working with broke. Mr. Volkmann was struck and fell into the water. Fire crews immediately responded and recovered Mr. Volkmann from the water, but he was in critical condition. He died at the scene.

When a mooring line parts or breaks, it is like a giant rubber band breaking, and as we know from past cases and incidents, the results can be debilitating or deadly to those working with the line. This training video created by the US Navy may be dated, but it shows viewers just how dangerous a broken mooring line can be to nearby crew members.

According to a Risk Alert bulletin published by Steamship Mutual Loss Prevention, mooring lines require care, maintenance, and inspection. Steamship Mutual urges members to put a planned maintenance system in place to assure safety. Below are just a few recommendations for vessel owners:

Published on: January 16, 2018

MRSA at Sea and Maritime Trades

by Joseph Stacey

When we hear or see the term MRSA, we think of outbreaks in hospitals and nursing homes. But MRSA can be a problem anyplace people work and live in close quarters. According to the CDC, one in three people carries staph bacteria. It lives on the skin and in the nose. The CDC also reports that approximately one in 50 people carry MRSA. In the United States, cases of MRSA are responsible for about 90,000 serious infections and over 18,000 deaths per year. Infections should not be ignored, as they can spread quickly to cause pneumonia, bloodstream infections, sepsis, and in very serious cases, loss of limbs or death.

What is MRSA?

MRSA is short for methicillin-resistant Staphylococcus Aureus, or any strain of staph bacteria that has become resistant to antibiotics. The very same class of antibiotics that were once used to treat these infections are no longer effective due to the mutation of the bacteria.

Published on: December 12, 2017

Substance Abuse, Opioids, and Addiction at Sea

by Joseph Stacey

A new bill is on the way to the Maine State Legislature, and if Representative Mick Devin can get approval next year, a new task force of healthcare professionals and community leaders will work on one of the state of Maine’s greatest maritime issues; opioid drug abuse and addiction.

As the Centers for Disease Control and Prevention (CDC) collect more data, it is reported that approximately 60,000 Americans died in 2016 from opioid overdose, almost a 100% increase over 2015, with 33,000 confirmed deaths. Nearly half of those involved prescription opioids. The same report concludes that among the deaths that involved Fentanyl, the Northeast states of Maine, Massachusetts, New Hampshire, and Rhode Island were among the highest in the nation. While there are currently no statistics by occupation, this is an issue that often hits the fishing industry hard.

The opioid crisis is especially complicated for people who work at sea. The work is physically demanding. Long hours of physical labor can cause severe pain, and injuries that are not allowed time to heal may become chronic. Fishermen are often at sea for weeks at a time or work in very remote locations away from healthcare. When healthcare is available, and opioids prescribed, the medication often runs out while workers are at sea. If pain is still present, workers may seek to utilize other options.

Published on: November 7, 2017

Gangways, Boarding, and Disembarking Injuries

by Joseph Stacey

We have all heard that working in the commercial fishing industry is the most dangerous type of work in the nation. Commercial fishing has long topped the Bureau of Labor Statistics’ list of jobs with the most injuries and fatalities. However, many accidents happen before boats leave the dock or upon returning from sea. This is because many vessels are not seaworthy, and seaworthiness begins with safe access to ladders, walkways, gangways, and gangplanks. Gangway related injuries and fatalities are so common that The Shipowners’ Protection Limited, a mutual insurance organization, has published a report titled Gangways, which can be read in full here.

Under Maritime Law, a vessel is considered unseaworthy when a vessel is poorly kept or poorly maintained. In some cases, ship owners may fail to supply proper means for the crew to pass from ship to shore. A seaworthy vessel must have well-maintained equipment that is in working order. Workers must be properly prepared and trained, and routes for boarding, disembarking, and loading a vessel must be hazard-free. Jumping on or from the vessel is not an option. Even if the vessel is less than a foot from the dock, the ship owner is required to provide a safe passage for workers to and from the dock. When evaluating a case, a lawyer will consider the nature of an injury as well as the seaworthiness of the vessel.

Maritime work is dangerous by its very nature. However, that does not mean that workers must accept a high level of risk. There are many federal and industry safety standards that apply to boarding and disembarking a vessel, including Coast Guard regulations and OSHA regulations. If these safety standards are ignored, there can be liability on the part of the vessel owner. For example, using a gangway to board a vessel does carry some amount of risk. But that risk is mitigated when safety precautions and guidelines are followed. If, however, safety is ignored, then the act of using the gangway carries unacceptable risk. This is considered negligence and unseaworthiness. Workers MUST have a safe and well-maintained way of getting aboard and disembarking a vessel.

Published on: June 20, 2017

Coast Guard Sector Anchorage Medevacs Injured Crew Member

by Joseph Stacey

A Coast Guard Air Station Kodiak MH-60 Jayhawk helicopter crew medevaced a 58-year-old male after he suffered an ankle injury while aboard the F/V NEW DAWN. The 50-foot commercial vessel was near Shelikof Strait when the incident occurred on Sunday, June 18th.

“Due to the crewman’s possible need for an orthopedic surgeon, we determined the best course of action was to get him off the New Dawn and place him aboard the Jayhawk helicopter for transfer to advanced medical care” said Mr. Cory Cichoracki, watchstander at Sector Anchorage command center. “Despite the weather, the aircrew alongside the crew of the New Dawn, was able to complete a successful hoist.”

Watchstanders requested the Jayhawk launch after the duty flight surgeon recommended medevac of the injured crewmember. You can watch the heroic video here.

Published on: March 9, 2017

Victory for Maritime Workers: Supreme Court of Washington Rules that Injured Fisherman and Seamen May Claim Punitive Damages

by Joseph Stacey

On March 9, 2017, in a landmark case handled by Stacey and Jacobsen, PLLC, the Washington State Supreme Court ruled unanimously that punitive damages may be awarded to injured fishermen and seamen when the case involves a general maritime unseaworthiness claim. Where an employer recklessly provides a vessel or equipment that is not reasonably fit, the employee may bring a separate additional claim of punitive damages. This ruling is a precedent setting victory for maritime workers throughout the nation. No other State Supreme Court has yet ruled on this issue. We are very pleased that employees now have an additional weapon in their arsenal to obtain justice and, at the same time, hopefully curtail dangerous conduct of shipowners.

Allan Tabingo was a deckhand aboard F/V AMERICAN TRIUMPH when the accident occurred. After fish are brought aboard the vessel, a hatch is opened on the deck so that deckhands can shovel the fish through the hatch for processing. To move the last of the fish from the deck into the hatch, a deckhand must get down on all-fours and push the remaining fish through the hatch using their hands. Tabingo was on his knees gathering the fish when another deckhand began closing the hatch. The deckhand realized that Allan Tabingo’s hand was in danger, and tried to stop the hatch from closing. The handle on the hydraulic control valve was broken and repeatedly popped out of the valve. The hatch closed on Tabingo’s hand, severing two of his fingers. The vessel operator had been aware of the broken control handle for two years prior to the incident, yet failed to repair it. In fact, the crew tied one end of a piece of line around the handle and the other end to the ship’s rail so that when the handled popped out, it would not fall overboard. Alan Tabingo suffered the amputation of two fingers and the loss of his livelihood.

Tabingo filed suit in King County Superior Court against the vessel operator, American Seafoods. He asserted Jones Act negligence and general maritime law unseaworthiness claims. The punitive damages claim was based on the precedent setting 2009 Supreme Court of the United States ruling in Atlantic Sounding v. Townsend. The trial judge decided that punitive damages did not apply and dismissed Tabingo’s claim. Tabingo appealed to the State of Washington Supreme Court.

Published on: January 24, 2017

Washington Supreme Court to Decide If Injured Seamen May Recover Punitive Damages for a General Maritime “Vessel Unseaworthiness” Claim

by Joseph Stacey

Allan Tabingo was injured at sea due to defective machinery on his employer’s fishing vessel. A hydraulic lever controlling a fish hatch had been defective for two years. When the hatch operator tried to activate the hydraulic lever to stop the hatch from closing, the handle on the lever popped out of the valve. The hatch could not be stopped. The result was a traumatic hand injury and the loss of a father’s livelihood. The accident could have been prevented had American Seafoods simply repaired the handle when it was found to be defective two years earlier.

On January 17, 2017, lawyers in the case of Allan Tabingo vs. American Triumph LLC argued in the Washington State Supreme Court the question of whether an injured seaman may recover punitive damages when injured on an unseaworthy vessel? You can view the arguments here. Originally denied at the trial court, this case was chosen for a fast track (“interlocutory”) appeal and sent to the Washington State Supreme Court due to the importance of this issue for injured fishermen and seamen.

The Jones Act and Maritime Law already provide for Compensatory Damages. An injured seaman may recover a monetary amount necessary to replace what was lost due to his/her injury. Compensatory Damages usually cover:

Published on: December 17, 2016

Crewmember with Head Injury on F/V LEANN Flown to Coos Bay, Oregon Hospital

by Joseph Stacey

The captain of the 75-foot F/V LEANN reported that a crewmember fell and suffered a head injury while fishing more than 20 miles off Florence, Oregon. The call to the Coos Bay, Oregon Coast Guard came in just after midnight on December 15, 2016. The captain reported that the injured man was first knocked unconscious, but when he woke he was combative.

The Coast Guard flew a helicopter crew to the vessel, lowered a rescue swimmer to prepare for the lift, hoisted the injured man into the MH-65 Dolphin, and flew him to the Bay Area Hospital in Coos Bay, Oregon.

Weather on scene was calm and clear with light winds.