Boat on the sea
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The United States Coast Guard rescued five people after their boat hit a breakwall in Milwaukee late Sunday night. The vessel was traveling at McKinley Marina when they struck the wall at 20 mph. When the Coast Guard arrived, three women and one man were holding on to the bow of the vessel. The other passenger was floating unconscious about ten feet away from the vessel. All were taken by the marina’s emergency medical services to two different hospitals to treat the various degrees of injuries. They were not wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, PLLC urges all mariners to use extreme caution when boating at night and to wear all proper safety equipment, especially life jackets. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

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A body has been found in the search area for the cruise line passenger who went missing aboard Holland America’s Zaandam cruise ship on Monday. The body was taken to Juneau for positive identification. The individual who went missing, 45-year-old Amber Malkuch of Washington State, is believed to have fallen overboard somewhere between Douglas Island and Glacier Bay National Park in Alaska. The woman ordered room service at midnight, when the vessel was near Douglas Island, but was reported missing by a friend at 10 a.m. the next morning when the vessel was at Glacier Bay National Park. The United States Coast Guard was immediately called and dispatched to the area; however the search to find the woman was not immediately successful. The water temperature where the woman would have fallen overboard was 57 degrees at the time of the search. The Coast Guard will continue its search for the woman until a positive identification has been made. The police will review footage from the ship’s security cameras to better understand what occurred. Chief Petty Officer Dana Warr said there were no immediate signs of foul play.
The maritime lawyers at Beard Stacey Trueb & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

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The United States Coast Guard is searching for a 31-year old fisherman who fell overboard on Friday, July 31 in Togiak Bay, Alaska. The fisherman, Benjamin Symmes, was working aboard a 28-foot fishing vessel, the Miss Colleen, when he fell overboard approximately one half mile off Anchor Point in Togiak Bay. He was last seen aboard the Miss Colleen at 9:45 p.m. wearing a bright orange rain suit. The Coast Guard was immediately called and dispatched a search party, however was unsuccessful in retrieving Mr. Symmes after searching Friday night and Saturday morning. The Miss Colleen is homeported in Metlakatla, Alaska.
The maritime lawyers at Beard Stacey Trueb & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

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Captain John Joseph Cota was sentenced to ten months in federal prison after he caused the Cosco Busan, a 900-ft container ship to collide with the San Francisco Bay Bridge. This collision discharged approximately 53,000 gallons of oil into San Francisco Bay, killing 2,400 birds of about 50 species, temporarily closing a fishery, and delaying the start of the crab-fishing season. According to prosecutors, Cota was “guilty of far more than a mere slip-up or an otherwise innocuous mistake that yielded unforeseeably grave damage. Rather, he made a series of intentional and negligent acts and omissions…”

Cota’s first mistake was departing in extreme fog. According to prosecutors the fog was so thick the bow of the vessel was not visible from the bridge. Regardless of the limited visibility, Cota continued on with his voyage. Furthermore, the vessel did not have a properly functioning radar. However, Cota did not notify the master or the United States Coast Guard that a piece of safety equipment was needed. Neither Cota nor any crewmember consulted the ship’s official navigations chart or take a single positional fix despite the lack of visibility. Finally, Cota did not disclose his medical conditions and prescription drug use on the required paperwork for the Coast Guard. Cota’s vessel eventually collided with the San Francisco Bridge after Cota was “confused regarding the operation of the electronic chart system upon which he chose to rely including the meaning of two red triangles that marked buoys marking the tower of the bridge that he eventually hit.”

The damage to the bridge, vessel and the economic impact to individuals was tens of millions of dollars. The clean-up cost for the bay exceeded $70 million. Numerous Brown Pelicans and Marbled Murrelets, two birds currently on the endangered species, were also killed because of Cota’s negligence. U.S. Attorney Joseph P. Russoniello hopes the court’s sentence of Cota will serve as “a deterrent to shipping companies and mariners who think violating the environmental laws that protect the waterways will go undetected or unpunished.”

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Three Washington State Ferry workers were awarded a combined verdict of $1.1M for lung damage resulting from cleaning products and lack of instructions from the Washington State Ferries. The three workers, Tammy Brazeau, Alex Johnson and Natette Lewis, were cleaning a restroom with a substance called Hi ‘N Dry as well as bleach without the supervision or direction of a superior. The two substances came into contact, causing an eruption of white chlorine gas that caused respiratory irritation in the three workers. Brazeau, Johnson, and Lewis were all exposed to the gas, resulting in lung damage and respiratory conditions such as dyspnea, asthma, chronic rhinitis, rhinorrhea, pneumonia, allergies and acute bronchitis. Brazeau further claimed to suffer from depression and nightmares because of her injuries.
The three filed a lawsuit against the State of Washington, claiming that the vessel was unseaworthy and the State was negligent by failing to provide adequate instruction or direction in using the chemicals. In a response, the State claimed all safety requirements had been met and the workers were properly warned about the cleaning chemicals. According to the State, the bleach label indicated that it should not be mixed with other chemicals and that the State had conducted chemical hazard training for all employees. The court, however, sided with the plaintiffs, rendering separate judgments for each of the workers. The judgments totaled over $1.1M.
The law office of Beard Stacey Trueb & Jacobsen, PLLC has successfully held employers accountable in numerous Jones Act cases, including cases involving the Washington State Ferries. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at www.atsealawyer.com.

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The bodies of two swimmers, a 57-year old male and his 13 year-old nephew, have been recovered from Lake St. Clair near Detroit, Michigan on Tuesday. Macomb County Sheriff Mark Hackel reported that the two had jumped into the water to go swimming with a 31-year old relative. Their pontoon boat, however, drifted away a significant distance with a 73-year old woman aboard. Rescue crews were able to rescue the 31-year old male, however were unable to locate either the 57-year old or the 13-year old. Hackel did not specify whether they were wearing life jackets.
The law office of Beard Stacey Trueb & Jacobsen, PLLC strongly urges all those on a boat, whether professionally or for pleasure, to wear the proper safety equipment. This equipment will help save your life should an accident such as this occur. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

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The United States Coast Guard is looking for a 31-year old man who fell overboard early Tuesday morning near Elizabeth City, North Carolina. The individual, whose name has not been released, was working aboard a crabbing vessel about two miles south of Frog Island in Albemarle Sound when he fell overboard. Coast Guard officials report that the man was climbing on crab pots on the vessel’s deck when he fell in. The vessel’s captain immediately stopped and anchored the vessel, however was not able to locate the crabber because he did not resurface. A Good Samaritan who was nearby called the Coast Guard at 9:10 a.m. to report the crabber had fallen overboard. A Coast Guard helicopter crew from Air Station Elizabeth City and a rescue boat crew from Station Elizabeth City were immediately dispatched to begin searching for the man. The crabber was not wearing a life jacket and is reportedly unable to swim.
The law office of Beard Stacey Trueb & Jacobsen, PLLC strongly urges all mariners to wear the proper safety equipment while working aboard a vessel. This equipment will significantly help save your life should an accident such as this occur. The maritime lawyers at Stacey & Jacobsen, PLLC represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

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The United States Coast Guard airlifted a fisherman who sustained a bad cut on a fishing vessel off the coast of Beach Haven, New Jersey on Sunday. The injured fisherman is a 22-year-old mariner who was working aboard the Captain Bob, which was operating 110 miles east of Beach Haven, when the injury was sustained. Both the individual’s name and the cause of injury have not been reported, however the fisherman did sustain a long serious cut below his elbow across the width of his arm. The individual was airlifted to AtlantiCare Regional Medical Center for treatment.
The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured mariners throughout the nation in claims involving the Jones Act and General Maritime Law. For any questions regarding maritime law or injuries sustained while working aboard a vessel, contact us at 206.282.3100 or visit our website at atsealawyer.com.

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The United States Court of Appeals for the Ninth Circuit rejected a fisherman’s claim that a verbal agreement to fish the entire season was grounds for recovering “unearned wages” after he became injured. Fisherman Jesse O’Neal signed a contract to work for American Seafoods Company. In the “fine print “, the contract provided that the fisherman would be hired for one fishing voyage, to be renewed after each voyage. This was a surprise to O’Neal, and surely the rest of the crew, as they were told that they could work the entire season. During his first voyage O’Neal injured his neck and back, causing him to leave the vessel before the end of the season.

The fisherman sought “unearned wages,” which are “actual wages the seaman did not earn because of his injury or illness” during his contracted employment with American Seafoods. Maritime law requires employers to pay these unearned wages. The fisherman sought to recover his unearned wages for the entire season, claiming that American Seafoods had committed to employ him for the season. The fine print in the signed written contract, however, states that any contract extensions or terminations must be made in writing to be valid. Because of this contract provision, the Court ruled that American Seafoods only had to pay unearned wages for one voyage.

Fishermen and seamen should be aware of the provisions in their contracts. Employers try to limit any money they have to pay after an injury. For instance, the standard fisherman’s contract provides for $20-$25 in maintenance money, even though it is extremely difficult to pay for their room and board with only $20-$25 per day. Another example of the employer’s attempt to limit their obligation to the injured fishermen is illustrated in Jesse O’Neal’s case. Everyone on his vessel understood that, should they do satisfactory work, they would be employed for the season. If, in Mr. O’Neal’s case, the contract provided for employment for the season, then his “unearned wages” would be paid for that season – not just the voyage of injury. However, because Mr. O’Neal signed a contract with the “trip to trip” provision, then the employer could get away with paying only one voyage of wages.

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Seaman and fishermen do not always work aboard vessels. Sometimes a seaman’s duties require him or her to perform shore side tasks. Unfortunately, injuries do occur to seamen ashore. Well established maritime law requires that the employer must provide the mariner with a safe work environment. Over the years, courts have wrestled with the scope of this duty when the seaman’s job require him or her to work while ashore.

Recently, a Washington State Court addressed the issue. In Acosta v. Aleutian Spray Fisheries, Inc., 2009 WL 1916070, plaintiff David Acosta was employed as a fisherman aboard the F/V Siberian Sea. As part of his duties, Acosta was sent to retrieve fiber-pallets from a warehouse not owned or controlled by Acosta’s employer, Aleutian Spray Fisheries, Inc. While attempting to pick up a pallet with a forklift, Acosta realized the pallet was broken. He then proceeded to transfer the bundles of fiber by hand. During this process, the top pallet from the stack behind Acosta fell on him, causing a back injury.

Acosta then brought a Jones Act claim against Aleutian under the Jones Act and General Maritime Law. The defendant, however, asserted Acosta could not prevail in his claim because the warehouse was not owned or controlled by Aleutian. Defendant further argued that Acosta should have inspected the warehouse for unsafe conditions.

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Stacey & Jacobsen, PLLC Seattle, Washington
4039 21st Ave W. #401
Seattle, WA 98199
Phone: 206-282-3100 Toll Free: 877-332-5529 Fax: 206-282-1149
Stacey & Jacobsen, PLLC Anchorage, Alaska
205 E Benson Blvd #321
Anchorage, AK 99503
Phone: 907-751-2588 Toll Free: 877-332-5529

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