Seattle Maritime Injury Lawyer Blog

Alaskan Crab Season Opens October 15

October 8, 2014 | Kraft Davies Olsson PLLC

The Bristol Bay red king crab season is scheduled to begin on October 15 and continue through January 15. This year, the allowable catch is up 16% over last year with a total of 9.9 million pounds. Similarly, state fisheries biologists have set the total allowable catch for tanner crab at 8.4 million pounds in the eastern sector and 6.6 million pounds in the western sector, which represents a substantial increase from 2013. Overall, the stocks of red king crab, tanners, and snow crab all showed big increased in mature size classes based on data from annual summer surveys taken by fisheries biologists.

With the start of Alaskan crab season, we are reminded that every year fishermen lose their lives and many suffer serious injuries in vessel accidents. Common examples of injuries include slips and falls on icy and wet decks without adequate non-skid protection or mats, being struck with swinging crab pots, fishermen struck by waves that wash them across the deck or overboard, frostbite, crushing injuries due to getting hands, legs, or feet caught in pinch points or deck equipment, injuries caused by fatigue and long hours operating heavy equipment, parting lines or cables out on deck, injuries while stacking or lashing crab pots out on deck, lifting injuries, injuries from bait choppers, falling cargo, unsafe access to docks, and many other types of incidents. Regardless of the cause of an injury, a vessel owner is responsible under the Jones Act for providing the crew with a reasonably safe place to work. If unsafe work conditions cause an injury, a fisherman can claim damages for the injury beyond payment of maintenance and cure. If you suffer an injury on an crab boat, make certain that you timely fill out an accident report even if you believe at the time that the injury will resolve. Get the names, addresses, email addresses, and telephone number of any witnesses to the incident. Make sure to take photographs, if possible, of the scene of the incident and any equipment that was involved. By taking these steps, you can assist your lawyer in finding the truth about how your injury occurred.

Holland America Cruise Line is Strictly Liability for Assaults on Passengers by Crewmembers

February 20, 2014 | Kraft Davies Olsson PLLC

News broke yesterday of a horrific physical and sexual assault of a female passenger by a crewmember aboard Holland America’s cruise vessel Nieuw Amsterdam. The altercation allegedly began because the 31-year-old passenger offended the crewmember when he delivered breakfast to her room. The crewmember allegedly knocked three times before the passenger acknowledged him, and then from outside the room he heard a woman’s voice shout, “Wait a minute, son of a bitch!” She later opened the door and the crewmember left the food.

The crewmember returned to the woman’s room later that day, but no one answered and he left. That same evening, he sought after the woman on deck, “in order to punch her in the face for insulting him that morning.” After realizing the location was too crowded, he left.

That night, the crewmember used his master key to enter the passenger’s room, and went onto the balcony to wait for her to return. Upon her return, the crewmember is alleged to have attacked the woman, choking and punching her with whatever was available, including a laptop and a curling iron. The passenger defended herself with a corkscrew. The fight progressed to a balcony, where the crewmember is alleged to have tried to push the woman overboard. The woman was finally able to break free, and escaped her room. She got help from another passenger.

Can sick cruise ship passengers sue their cruise lines?

February 7, 2014 | Kraft Davies Olsson PLLC

The cruise industry has suffered a great deal in recent years. Sometimes due to reckless behavior, sometimes due to negligent behavior and sometimes due to no identifiable fault on the part of the liners, passengers have been suffering cruise ship injuries, cruise-related illnesses and have been stranded at sea on a number of recent occasions.

Most recently, over 300 passengers and crew aboard a cruise ship owned by the Royal Caribbean line fell very ill during what should have been a relaxing trip. According to the Centers for Disease Control and Prevention (CDC), the illness afflicting these patients was norovirus. Norovirus is highly contagious and generally spreads when one comes in contact with a contaminated surface, an infected person and/or contaminated food.

While norovirus is not a potentially fatal disease, it is deeply unpleasant. Passengers and crew aboard the Royal Caribbean ship experienced severe gastrointestinal symptoms as a result of the virus, including diarrhea, stomach cramps and vomiting. Many passengers are likely outraged that they experienced this illness aboard the ship. Yet it is not completely clear whether or not they will be able to sue the line successfully in regards to the harm they suffered onboard.

Marine cybersecurity is critical to maritime safety

January 19, 2014 | Kraft Davies Olsson PLLC

Nearly one year ago, the president issued an executive order entitled Improving Critical Infrastructure Cybersecurity. This executive order clearly states that the policy of the U.S. government is to increase the sharing of information related to cyber threats with the private sector. In sharing this information, the government hopes to empower the private sector to better protect itself against cyber threats.

It is critical that marine employers take advantage of the efforts that the federal government has made in response to this particular executive order. Not only do cybersecurity threats pose hazards to general data intrusion, certain threats can prove to be truly hazardous to maintaining maritime safety.

For example, if a certain cybersecurity threat was launched against a vessel and that vessel’s systems were not prepared to contain and repel the threat, the intrusion could dramatically impact the functioning of any affected system. Given that an increasingly substantial number of operations are contained within on-board electronics, compromise could be hazardous not only to general vessel operations but also to occupants of the vessel.

When your dream cruise turns into a nightmare

November 20, 2013 | Kraft Davies Olsson PLLC

Over the past several years, the cruise industry has begun to develop a negative reputation. In addition to ships getting stuck at sea, ships have crashed and have hosted a number of passenger injuries and deaths. If you or any of your loved ones have suffered cruise ship injuries over the past few years, you may still be reeling from the experience. After all, no one books a cruise ship vacation with the expectation of arriving home injured and emotionally taxed.

Some cruise ship passengers are pressured into settling their claims or dropping them altogether. The cruise industry employs powerful advocates who aim to keep their liability costs low. As a result, it is important that injured cruise ship passengers immediately retain the counsel of attorneys experienced in cruise ship claims. These attorneys will be able to help you navigate your claim and obtain the financial compensation you deserve.

“But wait!” you may say. “The Contract of Carriage I agreed to when I purchased my ticket prohibits me from filing a claim against the cruise ship company.” Please understand that while you are correct in that purchasing your ticket did automatically bind you to certain legal provisions drawn up by the cruise company, this agreement does not necessarily bar you from bringing a successful claim. An experienced attorney will be able to help you navigate your legal options, even if you signed a waiver indicating that you would not sue the cruise line in the event of accident or injury.

Dock and pier accident victims have rights

October 26, 2013 | Kraft Davies Olsson PLLC

Longshoremen are skilled professionals trained to work safely and effectively on potentially hazardous docks and piers. Tragically, even the most conscientious dock workers can suffer devastating injuries when accidents occur. When longshoremen suffer injuries, they generally have the right to collect workers’ compensation. Under certain circumstances, they may also be able to file additional claims under the theories of product liability, premises liability and/or personal injury.

It is critical that accident victims file claims that best fit the unique circumstances of their cases. Many dock and pier accident victims suffer severe injuries that can impair their ability to work and to function generally for a long period of time. Among the most common serious injuries that longshoremen suffer are spinal cord injuries, joint injuries, burns and traumatic brain injuries. When successful claims are filed, workers can obtain the compensation they need in order to treat these injuries and to move forward in life in the healthiest ways possible. Workers are often entitled to pain and suffering awards as well as compensation for medical bills and for wages lost as a result of their injuries.

Injured longshoremen often receive a great deal of moral support from fellow members of the International Longshore Warehouse Union (ILWU) and from co-workers in the maritime industry. However, it is critical to seek professional support as well when you have been injured on the docks. An experienced attorney who has worked extensively with longshoremen in the past will best understand what claims to file and how to ensure the success of those claims.

Contemplating maritime safety culture shifts in all operations

September 8, 2013 | Kraft Davies Olsson PLLC

We have previously written about how critical it is that all maritime operations have a strong safety culture. Failure to ensure that all workers are properly trained, outfitted with adequate, protective safety gear and understand how to respond in hazardous situations can lead to maritime injuries and even wrongful death.

The International Maritime Organization (IMO) indicates that three characteristics help to define how a maritime operation can create and maintain an adequate safety culture. First, those involved in the operation must be able to recognize their power to maintain a safe workplace. By understanding that accidents are preventable by their very nature, workers can take significant steps to ensure that they do not occur. This is best achieved by following safety procedures and best practices conscientiously.

Second, maritime workers at all levels of a given operation must be trained to think about safety hazards, prevention and general issues constantly. Third, these workers must seek improvement to the operation’s safety culture continuously. In essence, safety is never an issue that resolves. It is an evolutionary process in which all workers must be involved and that all workers must consistently seek to improve.

Crew Member Struck in Head with A Block on the F/V JACKPOT

August 26, 2013 | Kraft Davies Olsson PLLC

According to the U.S. Coast Guard, a fisherman was rescued from the fishing vessel JACKPOT about 20 miles west of Gray’s Harbor, Washington on Saturday, August 24, 2013. The crew member was injured when a block came apart and struck the crew member in the head. After being struck in the head, the crew member reportedly stopped breathing and a federal marine observer performed CPR on the vessel. The crew member began breathing again after CPR was administered but remained unconscious. A U.S. Coast Guard Jayhawk helicopter crew evacuated the fisherman off the vessel and he was transported by air to Legacy Emanuel Medical Center in Portland, Oregon for emergency evaluation and treatment.

Members of fishing vessel crews are covered by the federal Jones Act and general maritime law for injuries at work. Under general maritime law, the failure of a piece of the vessel’s equipment can render a vessel unseaworthy. Similarly, under the federal Jones Act, it may be negligence to use improper or defective equipment. Here, the U.S. Coast Guard reported that the block came apart and struck the crew member. The reported details are sparse. However, if the block came apart because it was defective, broken, or otherwise failed because it was overloaded, that would likely render the block unseaworthy and/or the employer negligent. The crew member may be able to collect damages for lost wages, pain, disability, and loss of enjoyment of life caused by the incident. Head injuries can have serous life-long consequences. Because of the serious nature of these types of injuries, it is important that an early investigation is undertaken to determine the cause of the incident and preserve any important evidence, including physical evidence involved in the injury and the testimony of witnesses on deck when the incident occurred.

Major Cruise Lines Release Shipboard Crime Statistics

August 22, 2013 | Kraft Davies Olsson PLLC

The three largest cruise lines based in the United States, Carnival Corp., Royal Caribbean, and Norwegian Cruise Line, began posting data related to shipboard crime earlier this month. The decision to post the data was announced last month and data was posted on August 1. Disney Cruise Line followed suit but did not reveal its decision until after the data was already posted on its website. The data reveals many more crimes were reported on cruise vessels than had previously been made public. Although the companies began disclosing crime statistics voluntarily, the disclosures were made amid growing pressure from Congress and crime victims for more transparency related to crime at sea.

Although the newly disclosed data provides a new window into statistics for crime at sea, Carnival Corp. reported only the statistics for their North American-based lines (Carnival Cruise Lines, Holland America Line, Princess Cruises, and Seabourn Cruises). Carnival Corp. did not disclose data for its other cruise lines: Aida Cruises, Costa Cruises, Cunard, Ibero Cruceros, and P&O Cruises. The data posted by Royal Caribbean, Disney Cruise Line, and Norwegian Cruise Line is for vessels worldwide.

NIOSH Finds That Life Jackets Save Lives in Commercial Fishing

August 14, 2013 | Kraft Davies Olsson PLLC

Despite the deaths of 131 commercial fishermen from 2000 to 2009, the regulation of fishing vessel safety is very limited, in part, due to a strong commercial fishing lobby. According to the National Institute of Occupational Safety and Health (NIOSH), half of these fishermen died from vessel disasters and another 31 percent died from falls overboard. NIOSH is a leader in promoting the use of life jackets and other safety measures in the fishing industry. NIOSH has found that only one of the 191 fishermen who died between 2000 and 2012 was wearing a life jacket. While wearing a life jacket does not guarantee survival, it certainly greatly increases your chances of survival in the event that you fall overboard.

The types of life jackets worn on fishing vessels decks tend to vary based on the fishery. According to a NIOSH survey, crabbers favored the use of Mustang and Sterns Inflatable Suspenders, while longliners preferred only the Mustang suspenders. Gillnetters liked the Mustang suspenders, and Regatta Fishermen’s Oilskins with floatation built in. Deck crews of Trawlers preferred inflatable suspenders, oilskins and a Stearns’ foam vest. Given the different work requirements of the various fisheries, it is important for vessel owners to share information about what works best and to encourage or mandate the use of life jackets out on deck.

Because of the number of deaths caused by falling overboard, the use of life jackets has become a major focus at NIOSH. The organization has been pushing employers to have a plan for when fishermen onboard should be wearing a lifejacket. Standards may vary from vessel to vessel, and could be based on weather, duties, location of the ship, and other factors. However, NIOSH is pushing all employers to have a plan for the use of life jackets. In addition to life jackets, NIOSH stresses the use of man overboard alarms, personal locator beacons, and closing water-tight hatches on fishing vessels as important safety precautions that can save lives.