Seattle Maritime Injury Lawyer Blog

Search for Two Overboard Cruise Ship Passengers Halted

May 22, 2013 | Kraft Davies Olsson PLLC

The search for a 30 year-old man and a 27 year-old woman who fell overboard off the Carnival Cruise ship ms SPIRIT has been halted. The cruise line did not become aware that the couple was missing until they failed to pick up their luggage at the end of the cruise. Reviewing surveillance video after the cruise ended, the cruise line determined that Paul Rossington and Kristen Schroder went overboard approximately 93 miles off Foster, New South Wales in Australia.

These type of incidents have occurred in the past. According to a list published a cruise website, over 70 people have fallen overboard from cruise ships since 2000. Carnival Cruise Lines had 28 passengers fall overboard off its ships during this period according to the list. Of the people that fell overboard, 10 were rescued and the rest died as a result of the fall or drowning.

Under maritime law, a cruise line has a duty to exercise reasonable care to prevent injuries to passengers while on a cruise. If a family member falls overboard on a cruise, it is important that an experienced maritime lawyer is retained to determine whether a cause of action may exist against the cruise line. Holding the cruise line accountable for deaths or injuries is important to improving the safety of the industry. The cruise line will likely appoint an experienced lawyer to conduct its investigation and take action to protect the company from possible legal action. It is important that your family have an experienced lawyer working to determine the cause of the incident and make certain that the truth comes out in the investigation.

Recreational Boating Accidents Decrease in 2012

May 22, 2013 | Kraft Davies Olsson PLLC

According to a report by the U.S. Coast Guard, recreational boating deaths decreased from 758 in 2011 to 651 in 2012, a decrease of over 14 percent. Injuries from boating accidents also decreased from 3,081 in 2011 to 3,000 in 2012, a decrease of 2.6 percent. The overall fatality rate for 2012 was 5.4 deaths per 100,000 registered recreational vessels, which was a 12.9 percent decrease from 2011.

Despite the decrease in recreational boating accidents, a number of common safety issues continue to lead to most injuries and deaths. Alcohol remains a contributing factor in many accidents. The U.S. Coast Guard reported alcohol was a contributing factor in 17 percent of deaths. Operator inattention, inexperience, machinery failure, excessive speed, and improper lookout ranked as the top five contributing factors in recreational boating deaths. Nearly 71 percent of the recreational boating deaths involved drowning of victims and 84 percent of the victims were not wearing life jackets.

As recreational boating season approaches this year, it is important to remember basic boating safety rules to keep your family and friends safe out on the water. You should not drink alcohol while operating a recreational boat and should make certain that passengers are not intoxicated. Everyone on the vessel should wear a life jacket. Before backing a vessel, you should make certain that the swim platform and the area behind the boat is clear of passengers and objects. Keep a proper lookout while the vessel is moving and don’t exceed a safe speed for the conditions. Although operating a recreational boat is fun, it can also be dangerous and operators need to constantly be vigilant of important safety rules to prevent injuries and deaths to passengers, swimmers, and other people using the water.

Fire Aboard Fishing Vessel ARCTIC STORM Off The Washington Coast

May 21, 2013 | Kraft Davies Olsson PLLC

An engine room fire was reported yesterday afternoon aboard the 334-foot fishing vessel ARCTIC STORM off the Washington Coast, about 30 miles west of Gray’s Harbor. The vessel’s crew reported the fire at approximately 3:30 p.m., notifying the Coast Guard that there was an uncontrollable engine room fire. At the time the fire broke out, there were 120 crewmembers aboard.

The Coast Guard dispatched two MH-60 Jayhawk helicopter crews from Air Station Astoria and three 47-foot motor lifeboat crews to the scene. The Coast Guard also notified other ships in the area of the emergency via an Urgent Marine Information Broadcast.

The crew of the ARCTIC STORM was able to get the fire under control later in the evening before the Coast Guard arrived on scene, using the Halon chemical firefighting system aboard the ship. However, as of yesterday evening it was still too hot to enter the engine room and assess the damage.

Washington State Supreme Court Held Courts Must Grant A Seaman’s Motion To Reinstate Maintenance And Cure Unless The Shipowner Can Provide Unequivocal Evidence That The Seaman Has Reached Maximum Cure

May 10, 2013 | Kraft Davies Olsson PLLC

The Washington State Supreme Court ruled en banc yesterday in Dean v. The Fishing Company of Alaska, Inc., a case involving wrongful termination of a seaman’s right to maintenance and cure. The court ruled that where a seaman’s maintenance and cure have been cut off by the vessel owner, the seaman is entitled to have these benefits reinstated pending trial unless the vessel owner can provide unequivocal evidence that the seaman has reached maximum cure.

Facts Of The Dean Case:

Ian Dean worked aboard a fishing vessel owned by The Fishing Company of Alaska (FCA). Dean, standing 6 feet 3 inches tall, was assigned to work in an area with a low overhead and thus had to work stooped over. While aboard the vessel, Dean developed pain in his neck and hands. When he left the vessel, he sought medical treatment and FCA began paying maintenance and cure, as required by general maritime law (for more information on a seaman’s right to maintenance and cure, click here). After paying Dean’s maintenance and cure for just over three years, FCA stopped paying when it obtained the opinion of a physician that Dean’s injuries had reached maximum cure. At the time when FCA cut off Dean’s maintenance and cure, Dean’s own physician opined that Dean’s injuries could benefit from additional treatment.

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The Rights of Tug Employees to Maintenance and Cure

May 10, 2013 | Kraft Davies Olsson PLLC

If you work on a tug, you may be entitled to maintenance and cure in the event that you are injured or become ill while at work or if an injury or illness is aggravated during your service of the tug. Maintenance is a per diem living allowance for food and lodging comparable to what the seaman is entitled to while at sea and is set by the collective bargaining agreement between your employer and the Inlandboatmen’s Union of the Pacific (IBU). Medical cure is the payment of medical expenses incurred in treating the tug worker’s injury or illness. Your employer’s duty to pay maintenance and cure continues until the tug employee reached the point of maximum medical cure from the injury or illness, the condition permanently stabilizes, or cannot be improved any further with medical treatment.

The maritime law imposes a broad standard of coverage for tug employees who are injured or become sick while at work. Any doubts whether or not coverage should apply are resolved in favor of the tug worker. In order to show entitlement to coverage, a tug employee needs to only show: (1) that they are employed on a tug or other vessel; (2) their injury occurred, manifested, or were aggravated while in the service of the tug or vessel; (3) the amount to which they are entitled under the collective bargaining agreement; and (4) the amount of any expenditures for medicines, medical treatment, board, and lodging. The only narrow exceptions to maintenance and cure is in cases of (1) willful concealment of a disabling condition or misrepresentation of a medical condition at the time of initial employment; (2) willful misconduct, including fighting or gross inebriation; or (3) willful disobedience of a lawful order.

Once your tug employer begins paying maintenance and cure, it cannot stop paying these benefits unless the medical evidence establishing that the tug worker has reached maximum medical cure is unequivocal. See, e.g., Dean v. Fishing Company of Alaska, 2013 Wash. LEXIS 412 (Wa. Sup. Ct. May 9, 2013). This means there must be no medical evidence from a physician in support of the tug worker’s position that further medical treatment will benefit the seaman’s medical condition. If the doctors from the company and the treating doctor are at odds over whether maximum medical cure has been reached, your tug employer may not terminate maintenance and cure.

Rules of the Road for Social Media in Maritime Personal Injury Cases

May 9, 2013 | Kraft Davies Olsson PLLC

We posted earlier about the role of Facebook and other social media in maritime personal injury litigation, and are now following up with some dos and don’ts of social media. This list is only a general outline and does not by any means cover all aspects of social media. The biggest piece of advice we can give you, is use common sense. If something feels personal and you would feel violated if the other side got to see it, Facebook probably isn’t the place to talk about it.

1. DO beef up your privacy settings. As discussed in our earlier post, the other side will likely be able to get a copy of your Facebook or other social media account after a lawsuit has been filed. However, they have to specifically ask for it and are not entitled to it prior to the formal discovery process. A huge portion of cases are settled prior to ever filing a lawsuit, and in those cases the other side would never be entitled to dig into your personal life via your social media account. Furthermore, even where a lawsuit has been filed, strict privacy settings would prevent the other side from looking at your social media account without your knowledge, or looking at portions of your accounts that are not discoverable. We recommend having the strictest privacy settings available.

2. DON’T post pictures of yourself or allow others to post pictures of you doing activities that relate to or might aggravate your injury. For example, if you have a back injury, it is probably not a good idea to post pictures of yourself showing off how much you can lift. As an aside, you shouldn’t be engaging in these activities anyway. Even if a photo was taken prior to your injury, if it is posted after you were injured, you may run into a real headache having to prove when it was taken. Don’t post any pictures related to what happened. If you think something is relevant to your case, it doesn’t belong on Facebook.

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Hand and Arm Injuries to Fish Processors on Factory Trawlers

May 8, 2013 | Kraft Davies Olsson PLLC

Fish processors working on fishing vessels in Alaska work long hours under difficult working conditions. Unfortunately, hand and arm injuries are common in the Alaska fishing industry. The hands of fish processors or fishermen can get caught in moving Baader processing equipment, augers, unguarded machinery, bait choppers, conveyor belts, cut by knives used for processing fish, smashed by boxes of fish product inside the factory, or subject to frostbite while working in freezing conditions in the freezer. Whatever the cause of the hand injury, these injuries can have life-long impacts on fish processors and their families.

Over the years, the lawyers at our firm have collected millions of dollars for fish processors and fishermen suffering from traumatic hand and arm injuries, including amputations of the arm, hand, and fingers. We know that these cases demand special attention and the legal expertise of seasoned maritime injury lawyers with a background in fish processing and factory trawler injuries. Much of the equipment and processes on board a factory trawler are unique to the fishing industry and it is important that the lawyers understand how the equipment is used and what an employer should do to protect fish processors from hand injuries.

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Holland America Line Passengers Get Sick on ms VEENDAM

May 7, 2013 | Kraft Davies Olsson PLLC

The Center for Disease Control (CDC) reported that 60 passengers became ill during the voyage of the Holland America Line cruise ship ms VEENDAM from April 13 to May 4, 2013. This represented 4.85% of the 1,237 passengers on board the vessel. The predominant symptoms were vomiting and diarrhea. In response to the outbreak, the crew increased cleaning and disinfection procedures, notified passengers of the outbreak, and consulted with the CDC. Two CDV Vessel Sanitation Program environmental health officers boarded the ship on arrival in Fort Lauderdale on May 1, 2013 and conducted a targeted investigation into the outbreak and evaluated the adequacy of Holland America’s response. The outcome of that inspection is still pending.

Like other cruise lines, Holland America Line had other similar outbreaks of illness in the past, including outbreaks on board the ms AMSTERDAM in 2012, the ms MAASDAM and ms RYNDAM in 2011, and the ms ZUIERDAM, ms NIEUW AMSTERDAM, and ms MAASDAM in 2010.

The CDC Vessel Sanitation Program requires cruise lines like Holland America Line to report the total number of gastrointestinal (GI) illness cases evaluated by medical staff before a cruise ship arrives in a US port from a foreign port. If the total number of cases on board the vessel exceeds two-percent (2%) of the total passengers, a separate report is required to the CDC. The CDC investigates these incidents and reports these cases to the public on its website.

What to Do If You Are Injured on a Holland America Line Cruise Ship . . .

May 6, 2013 | Kraft Davies Olsson PLLC

When you book your plans for a cruise on a Holland America Ship, the last thing on your mind is what to do if you are injured on the ship. You’re not thinking about how to pay for your hospital bills or how long it will take to recover from your injuries. You may not know that there are important provisions in the Holland America Line cruise contract that will limit your ability to hold the cruise line accountable for your injury. You may not know that any lawsuits against Holland America Line must be filed in Seattle, Washington by a lawyer admitted to practice in federal court in Seattle. You may not know that a lawsuit must be filed within one year and that you must file notice of a claim within 6 months.

What to do While You Are Still On The Ship . . .

If you are injured on a Holland America Line cruise ship, it is important that you seek immediate medical attention for your injuries. Don’t assume that your condition will improve without medical attention or that you can wait until you get home for medical evaluation. All Holland America Line ships have an infirmary where you will have access to medical treatment. Although the medical provider on the ship is there to treat your medical condition, they also work for Holland America Line and these records will be available to the company to defend any potential claim. When you are speaking to the medical provider on the ship, keep in mind that Holland America Line will have access to these records.

You should obtain the names, addresses, and telephone numbers of any witnesses at the scene, including any Holland America employees. Try to obtain photographs of the area where you were injured, if possible, and anything that contributed to your injury. Make note of the weather and sea conditions if they were a factor in your injury. Obtain copies of any documents that you file with Holland America Line, including any incident report, any medical records, or any other witness statements.

Comparing the Jones Act and Alaska State Workers’ Compensation for Injured Fish Processors

May 1, 2013 | Kraft Davies Olsson PLLC

Fish processors on factory trawlers work long hours under difficult and often dangerous conditions. Injuries are common and can change your life forever. In the wake of an injury, it is important that a fish processor understand the important differences between the Jones Act and Alaska state workers’ compensations laws. If the processor was injured in the territorial waters off Alaska (within three miles) on a factory trawler or processing barge, you have the right to bring a state workers’ compensation claim and may also seek additional compensation under the Jones Act. If you are injured outside of state territorial waters (more than three miles from shore) on a factory trawler, you are likely covered under the Jones Act and general maritime law.

Benefits for Injured Fish Processors Under Alaska State Workers’ Compensation.

Under state workers’ compensation schemes, an injured fish processor only has to show that the injury occurred at work to recover workers’ compensation benefits. These benefits may include time loss (usually a percentage of your regular wage), medical benefits, retraining costs in some circumstances, and a partial permanent disability award if you sustain a permanent injury. The fish processor does not need to show that the employer was negligent in causing the injury. However, the benefits under workers’ compensation are limited and, in most instances, the Jones Act provides increased compensation for an injured fish processor.

If you are injured within Alaska territorial waters, many fish processing employers will try to send the injured fish processor into the Alaska workers’ compensation system where the benefits are usually less than what may be recovered under the Jones Act. Although you can pursue benefits through the workers’ compensation scheme, you should also consult with an experienced maritime personal injury lawyer to determine whether a Jones Act claim would provide additional benefits not available under the Alaska workers’ compensation scheme.

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