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Four Jones Act lawsuits have been filed recently by Gulf of Mexico seamen who were injured offshore in slip and fall accidents.
1. A ship’s cook has filed a lawsuit against his employer after sustaining serious injury when he tripped and fell while at work. The accident occurred on August 7. Wayne David Charles Marshall was working as a cook aboard the M/V Bertha D, a vessel owned and operated by Supreme Offshore Services Inc. Marshall walked out of a cooler and tripped. In the lawsuit the vessel owner is accused of negligence for failing to provide a safe place to work, failing to warn of the dangerous and unsafe conditions, failing to properly maintain and repair the vessel and breach of legally imposed duties of reasonable care owed to Marshall. The seaman is seeking damages for medical expenses, physical pain, mental anguish, disability, attorney's fees, interest and court costs.
2. Another seaman has filed a lawsuit against his Omega Protein Corp. F/V Anna and F/V Grand Batture for failing to properly supervise the crew after he was injured when he tripped over an oar. Leroy Blue was injured on June 1, 2010 as he was attempting to move about in rough water. He fell over an oar that was not properly secured and sustained severe and permanent injuries to his back, head, neck and legs. In his lawsuit, Blue accuses his employer of failing to properly supervise the crew, failing to properly train their employees, failing to provide adequate safety equipment, failing to safely operate their vessel, and operating the vessel with an inadequate crew. He is seeking damages for physical pain, mental anguish, physical impairment, loss of earnings, loss of earning capacity, medical expenses, maintenance and cure, punitive damages, interest, attorneys' fees and court costs.
3. A third seaman is suing for $2 million for injuries sustained when he fell on a vessel's stairway. Kentrell Wright, a rigger vessel D/B Crossmar 14, has filed a lawsuit against Cross Logistics Inc. and Cross Group Inc. for an accident that occurred on Oct. 12, 2009. Wright was using the vessel's stairway when a metal plate on the stair tread came loose and gave way. Wright is suing for loss of wages and benefits, impairment of future earning capacity, physical pain and suffering, mental and emotional pain and suffering, medical expenses, loss of enjoyment of life, interest, court costs, punitive damages, attorneys' fees, maintenance and cure.
4. Another seaman filed a lawsuit against his employer after he slipped on non-skid paint and fell. David Velasquez’s lawsuit against Gulf Offshore Logistics seeks compensation for a slip and fall incident that occurred on May 9. Velasquez was working on the deck of the M/V Jason when he fell because of non-skid paint on the metal covers located on the deck. He suffered debilitating injuries to his lower back and neck. His employer is accused of failing to recognize the dangerous circumstances surrounding the task, failing to properly train the crew and failing to provide functioning equipment and a safe place to work. Velasquez is seeking general damages for physical and mental pain, suffering, permanent disability and disfigurement, loss of enjoyment of life, medical expenses, loss of wages and wage earning capacity, interest and court costs.
Each of these accidents could have been prevented. Instead, hard-working seamen were seriously injured and their lives changed forever because of unseaworthiness, poor maintenance, improper training or an inadequate crew.
A vessel owner who doesn't keep his vessel properly maintained may be liable under the Jones Act to any worker who is injured because of his negligence. To learn more about Jones Act Law and your rights, contact the New Orleans maritime attorneys at The Young Firm at 866-938-6113.
To get a head start on your maritime injury claim, download our free book, “6 Secrets Your Company May Not Tell You When You Get Injured Offshore.”
