Injury at Sea

Published on: March 9, 2017

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

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.

Published on: November 29, 2016

Coast Guard Sector Columbia River Rescues Injured Crew Member

by Joseph Stacey

On November 26th, 2016 the Coast Guard rescued an injured crew member more than 170 miles offshore from the Columbia River. The 23-year-old man was aboard the 617-foot Global Saikai, which had left Longview, WA for Kashima, Japan carrying a load of timber.

Coast Guard Sector Columbia River received the call after the crew member fell from a ladder and broke his arm. An MH-60 Jayhawk helicopter crew was launched from Warrenton, OR to transfer the man to emergency medical personnel, who in turn took him to Columbia Memorial Hospital in Astoria, OR.

Weather at the scene was reported as raining with light wind, 13 foot seas and 9 mile visibility.

Published on: July 8, 2016

Coast Guard medevacs injured deckhand from F/V PACIFIC STAR near Kodiak, AK

by Joseph Stacey

On Saturday, June 25, The U.S. Coast Guard received word of an incident aboard the 79-foot fishing vessel, PACIFIC STAR. A medevac flight by a MH-60 Jayhawk helicopter was sent to the vessel traveling about 74 miles southeast of Kodiak, Alaska.

The call for assistance by the operator of PACIFIC STAR reached Coast Guard Sector Anchorage at approximately 11:03 a.m. A deckhand had been struck in the head by deck rigging and, as recommended by the duty flight surgeon, required medical attention.

The helicopter arrived at the scene just before 1 p.m. Saturday. According to Coast Guard spokesman Petty Officer 1st Class Kelly Parker, the Jayhawk crew was able to lift the injured man on board, despite weather conditions that included 6-foot seas and 29-mph winds.

Published on: February 2, 2016

Injured Fisherman Airlifted From F/V BARBARA J

by Stacey & Jacobsen, PLLC

A fisherman aboard the BARBARA J has been airlifted for medical treatment. The crewman reportedly was injured in a fall down the vessel’s stairs and needed emergency medical treatment. The accident happened on Sunday near Unimak Pass. Weather conditions were reported as 29 mph winds with 6 foot seas. The crewman was taken by helicopter to Cold Bay, where he was transferred to Anchorage for further medical treatment.

Slip and falls down vessel stairs and vessel ladders frequently result in serious injury to fishing boat crewmen. It is important that all vessels have safely constructed and designed ladders. Stairs should be constructed at safe angles, have proper rise and depth, have non slip surfaces, and be equipped with proper hand rails. Current safe construction standards for vessel stairs can be found in ASTM F-1166-07.

Published on: February 15, 2015

Fisherman Medevaced from Factory Trawler AMERICAN TRIUMPH off Cold Bay, Alaska due to Severed Fingers Injury

by Stacey & Jacobsen, PLLC

Crew from the 285′ Factory Trawler AMERICAN TRIUMPH called the Coast Guard on February 12 to report that a 36-year old man had two of his fingers severed by a steel door. A Coast Guard Jayhawk helicopter crew in Cold Bay flew approximately 92 miles north to the trawler, safely medevaced the man, and flew him back to Cold Bay for emergency medical services.

AMERICAN TRIUMPH is owned by American Seafoods Company. According to the company’s website, the trawler is currently catching and processing pollack, hake, and sole.

Published on: January 14, 2015

Injured Crab Fisherman from F/V IRENE H in Shelikof Strait Medevaced to Kodiak, Alaska

by Stacey & Jacobsen, PLLC

A crab fisherman reportedly injured his abdomen while pulling in crab pots on the F/V IRENE H on January 13, 2015. Crew from the fishing vessel called the Coast Guard to report the injury and ask for medical assistance. The Kodiak Coast Guard Air Station then flew a Jayhawk helicopter crew to Shelikof Strait and the IRENE H.

Weather conditions were rough: reportedly 25 mph winds and 7-foot seas.

“The operation was challenging from the start,” said Lt. Greg Dahl, pilot of the Jayhawk. “The dynamic weather conditions made for a rough ride but once on scene, the captain and crew of the vessel were very cooperative which enabled us to smoothly execute a successful rescue.”

Published on: December 12, 2014

Crew Member with Crushed Hand Medevaced from F/V TRAILBLAZER off Cold Bay, Alaska

by Stacey & Jacobsen, PLLC

Crew from the 120-foot fishing vessel TRAILBLAZER called the Alaska Coast Guard on Thursday, December 11, 2014 to report that a crew member’s hand had been crushed in a crab pot launcher and needed immediate medical care. The Coast Guard duty flight surgeon recommended a medevac, and a Kodiak Jayhawk helicopter crew flew to the vessel located approximately 75 miles north of Cold Bay. They safely hoisted the 23-year old man into the helicopter and flew to Anna Livingston Memorial Clinic in Cold Bay for further medical assistance.

“Having assets in forward operating locations like Cold Bay during the busy fishing seasons is beneficial to mariners in times of distress,” said Petty Officer 1st Class Francell Abbott, watchstander, Coast Guard 17th District (Alaska).

Weather on scene was reported as 17-mph winds, 10 miles visibility and 37 degrees temperature.

Published on: November 20, 2014

Injured Crewman Medevaced from Cargo Ship MYKONOS SEAS off Alaska

by Stacey & Jacobsen, PLLC

A Coast Guard Jayhawk helicopter medevaced an injured crewman from the bulk carrier MYKONOS SEAS located approximately 75 miles southeast of Cold Bay, AK on November 16, 2014. According to the 17th District Coast Guard Command Center, they received a call from the carrier’s crew requesting medical help for the injured crewmember. The duty flight surgeon recommended a medevac, and the helicopter crew flew out of Cold Bay for the rescue mission. They flew 75 miles to the ship, hoisted the crewmember aboard the helicopter while grappling with 11 mph winds and 3′ seas, and flew back to Cold Bay where the crewman received medical care. He ultimately was flown to Anchorage for additional medical assistance.

75 miles southeast of the tip of Alaska is in the far reaches of the Bering Sea. We are fortunate that the Coast Guard is equipped with operating locations and equipment that can quickly respond to emergencies near and far. Beard Stacey & Jacobsen PLLC is one of the most experienced law firms in the country in handling crew member injuries aboard American ships in the Bering Sea. For more information, view our firm website and find Maritime Injury Claims.