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Maritime Law

Longshoreman’s death is terminal’s 17th safety violation in 5 years
Mar 10, 2010
The Virginia Port Authority’s terminal operator received its 17th safety violation in five years after the December death of a longshoreman.

Since January 1, 2005 Virginia International Terminals, Inc. had been cited 16 times by U.S. Occupational Safety and Health Administration (OSHA) officials. The death of dock foreman David B. Weiland resulted in the 17th citation.

Weiland was killed when a machine used to move shipping containers struck a 105-foot light pole which fell and crushed his car. The employee operating the vehicle that hit the light pole had been involved in four incidents in which objects were struck. Although none of these incidents involved personal injury, regulations require that operators of industrial trucks who are involved in accidents or near-miss accidents receive refresher training. OSHA found that the employee had not received that training.

Eleven of the 17 OSHA violations were classified as “serious”. This means that OSHA believed that there was a “substantial probability that death or serious physical harm could result and where the employer knew, or should have known, of the hazard.” When an employer knows of possible harm to employees, but does not rectify the situation, the employer can be found negligent.

Weiland’s death was the sixth employee death at the terminal in those five years.

When a longshoreman or dockworker is injured or dies because of an employer’s negligence, he and his family have rights. Contact the maritime law attorneys at The Young Firm to learn more.

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Gulf of Mexico oil platform faces federal scrutiny
Mar 02, 2010
Nineteen Democrats from the U.S. House of Representatives are asking the Mineral Management Service (MMS) to investigate whether British Petroleum PLC (BP) has the engineering documents required to safely operate its Atlantis oil and gas platform.

The Atlantis platform is the deepest moored semi-submersible floating oil and gas production facility in the world. It is located 190 miles south of New Orleans in the Gulf of Mexico.

Representative Raul Grijalva (D-Arizona), who chairs the House Natural Resources subcommittee that oversees public lands, led the group that reported a whistle-blower had notified MMS in March 2009 that he believed BP did not have the required engineer-approved drawings for the Atlantis sub-sea components.

A review of BP’s database from that time showed that more than 90 percent of the required documents may not have been approved by a professional engineer. A BP internal document also indicated that BP was using incomplete or inaccurate documents.

If the platform is operating without these documents, the lawmakers wrote “(it would) increase the risk of catastrophic accident that would threaten not only the workers on the platform, but also the Gulf of Mexico and the communities that depend on the resources it provides.”

A BP spokesperson said the company has complied with MMS regulations. MMS will investigate.

When big companies are negligent, workers are put at risk. If you have been injured while working offshore, you have rights under maritime law. Contact The Young Firm at 868-938-6113 for more information.
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YYacht company agrees to pay damages in to family of capsizing victim
Mar 02, 2010
Cape Fear Yacht Works, a yacht building company based in Galveston, Texas has agreed to pay damages to the family of a man killed when a sailing ship capsized during a regatta.

Fifty-three-year-old Roger Stone was a member of the Texas A&M University-Galveston Sea Aggie sailing team. The team was competing in the Regatta de Amigos on their vessel, the 38-foot long “Cynthia Woods”. On June 26, 2008, the “Cynthia Woods” and 25 other sailboats embarked on the 700-mile journey from Galveston, TX to Vera Cruz, Mexico.

During the voyage, the sailboats 5,000 pound lead keel broke apart from the hull and fell into the Gulf of Mexico. The damage caused the boat to capsize and sink. Stone was killed. The five other teammates, including two student sailors that stone had helped off he boat, spent 26 hours adrift in the Gulf before they were rescued by the Coast Guard.

The vessel was a gift to Texas A&M from Galveston billionaire and philanthropist George P. Mitchell. Mitchell’s son is the owner of Cape Fear Yacht Works which manufactured the sailing ship in 2005.

The maritime lawsuit filed by Linda Stone accused Cape Fear Yacht Works and boat designer Bruce Marek with failure in proper design and manufacture. Cape Fear Yacht Works will pay the widow and children of Roger Stone $375,000 a year for the next three years.
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Oil rig or gas pipeline worker rated “worst” job in the U.S.
Feb 21, 2010
A recent story in Forbes Magazine rated oil rig and gas pipeline workers as having the worst job in America for 2010. Surprised? In Louisiana and around the Gulf of Mexico, working for the oil companies is considered a good job.

Forbes and CareerCast, an employment web site, rated 200 occupations using five criteria: pay, hiring outlook, work environment, stress, and physical demands. They used data from the U.S. Bureau of Labor and Statistics, the Census Bureau and trade association studies.

So what makes oil rig or gas pipeline worker the worst job in America? It is the danger that workers face.

Oil rig workers work 12 or more hours a day. They operate or fix heavy machinery, navigate slippery surfaces, endure extreme weather conditions, and travel from platform to platform on rough seas. Many employees are young and inexperienced and may not have had adequate safety training. These factors add up to a stressful environment where injury is likely to occur.

Given these conditions, it is no surprise that oil rig and gas pipeline workers have high injury and fatality rates. Common types of accidents include: slips and falls, machinery accidents, explosions, fire, falling objects, exposure to hazardous chemicals and vessel accidents. These accidents can lead to injuries ranging from broken bones and burns to brain injuries and spinal cord injuries to even death.

Oil rig and gas pipeline workers who are injured on the job have rights under maritime law. Call The Young Firm to learn more
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Crewman dies in Houston tugboat accident
Feb 12, 2010
Four miles of the Houston Ship Channel remain closed after the 56-foot tug boat, the J.R. Nichols sank on Wednesday evening.

The tugboat sank around 10:30 pm on February 10 in the Houston Ship Channel near the Sims Bayou Turning Basin. Five seamen were aboard when the vessel sank. Four were rescued and treated for hypothermia. The body of the fifth crewmember was recovered on Thursday by TNT salvage company divers. His name has not been released.

The waterway was closed from the dock at Vopack in Galena Park to Sims Bayou, the upper stretch of the ship channel near the 610 bridge, for clean up and recovery efforts. The tug had over 10,000 gallons of diesel fuel onboard. Approximately 1,000 gallons of diesel were spilled.

The cause of the sinking is under investigation. The Coast Guard plans to raise the ship as soon as weather allows.

Seamen who are injured while on the job are entitled to compensation under Jones Act Law if they can prove that their accident was caused by negligence. An attorney who specializes in the Jones Act and maritime law can help. The New Orleans based maritime attorneys at The Young Firm represent injured seamen from Louisiana, Mississippi, Alabama, Arkansas and Texas and workers who have been injured in the Gulf of Mexico and the Mississippi River.
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Injured Port Arthur barge workers sue tanker owner after collision
Feb 08, 2010
Three men are suing the owners of the crude oil tanker M/V Eagle Otome for injuries they sustained after the tanker hit the barge they were working on.

The collision occurred on January 23, 2010 in the Port Arthur ship channel. The Eagle Otome veered out of control and pushed into the barge as it was being pushed by a tugboat near the Port of Port Arthur. The Eagle Otome was carrying 570,000 barrels of high sulfur Venezuelan crude oil to the Exxon Mobil oil refinery. Approximately 450,000 gallons of crude oil spilled into the waterway and dangerous hydrogen sulfate fumes were released. The neighborhoods near the Port were evacuated because of the fumes.

Barge workers Eric Delahoussaye, Gerald Dwyer and Timothy Jacquet of Port Arthur have filed a suit claiming they were injured in the accident. Delahoussaye and Dwyer susteained severe and permanent injuries to their backs and necks and also suffered from the exposure to and inhalation of hydrogen sulfate. Jacquet suffered severe and permanent injuries to his back and pelvis as well as exposure to and inhalation of hydrogen sulfate. The men are asking for compensation for medical costs, lost wages, physical incapacity and disability and loss of enjoyment of life among other damages.

The maritime lawsuit accuses American Eagle Tankers, the owners of the Eagle Otome, for causing the accident with negligence and gross negligence. The men are seeking $15 million in damages.

Every day, 150 barges and 15 tankers pass through the waterway.
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Lawsuit filed after exposed wire electrocutes harbor worker
Feb 02, 2010
Nicholas Boudreaux, a Louisiana ship yard worker, has filed a lawsuit against Conrad Industries, Inc. alleging a breach of General Maritime Law and the Longshore and Harbor Worker’s Compensation Act.

Boudreaux was an employee of Superior Energies in late 2007 when he was injured while working aboard a ferry that was docked at a Conrad Industries ship yard in Morgan City, Louisiana. Conrad Industries had hired Superior Energies to install insulation on the boat.

Boudreaux was installing insulation when he reached into an overhead area and his hand came into contact with a wire running from the ship’s generator to an overhead light. The insulation around the wiring had been removed, allegedly by the defendant.

Boudreaux suffered a ruptured disc because of the accident and is still undergoing treatment.

The lawsuit accuse Conrad Industries of negligence and states that the company failed to provide a safe place to work, failed to inspect the electrical wiring on the vessel, failed to repair existing wiring after damaging it, and failed to coordinate the repair work occurring on the ship so that the electrical wiring was repaired prior to the installation of insulation.

Boudreaux is seeking damages for his physical impairment, pain, suffering, mental anguish, medical expenses, loss of income and pre- and post-judgment interest.
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Injured seaman sues towing company
Jan 19, 2010
Seaman Paul E. Parfait has filed suit against Danielle Marine Towing and Lorris G. Towing II Corporation of Cutoff, Louisiana, alleging that he was injured due to the unseaworthiness of the vessel on which he was working.


The seaman was working on the Luke Guidry Jr., a towboat that operates between Louisiana and Texas. He was performing his regular duties when he was injured on April 13, 2009. The lawsuit does not describe the injury, but alleges that Mr. Parfait suffered physical pain and mental anguish and incurred lost wages because of the incident. He also incurred medical costs, suffered a physical impairment and lost his ability to perform household services.


The complaint also states that Danielle Marine Towing and Lorris G. Towing II Corporation were supposed to provide maintenance and cure for Parfait’s injuries, but have denied payments. Parfait is seeking actual, exemplary and punitive damages, as well as pre- and post- judgment interest, costs and other relief to which he is entitled.


Under general maritime law, the owners of a vessel are required to maintain the vessels seaworthiness. A vessel may be considered unseaworthy if there is unsafe condition aboard the vessel. If this condition causes the seaman injury, the owner of the vessel is liable.
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Worker dies in oil platform fire
Jan 14, 2010
Production halted after a fire broke out aboard Apache Corporation’s East Cameron 2 oil and natural gas platform. The fire left one contract worker dead.

The incident occurred at about 1:30 am on Wednesday, January 13. The processing platform is located two miles off Cameron Parish in south Louisiana. There were three workers aboard the platform at the time.

All three were rescued by a commercial vessel working in the area; however, 34-year-old Frank Richard of Mowata, Louisiana died after being transported to an area hospital. The other two men were treated and released.

The men were employees of Island Operating Company. The company, based in Lafayette, Louisiana, runs facilities for Apache and other energy companies operating in the Gulf of Mexico.

The U.S. Coast Guard and Louisiana State Police are working with Apache to assess the damage at the site. The cause of the fire has not been determined.

The Cameron 2 Processing platform processes about 7.7 million cubic feet of gas and 850 barrels of oil each day. It is one of over 4,000 oil and natural gas platforms in the Gulf of Mexico.

In 2008, eleven workers died on offshore platforms. Those who work offshore are protected by the Jones Act and other maritime laws. Contact the New Orleans maritime attorneys at The Young Firm to learn more.
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Port closed after containers of explosive material punctured
Jan 12, 2010
Although a hazardous materials spill at the port in Morehead City, North Carolina was contained, officials closed the port and recommended evacuation of the downtown area.

According to the U.S. Coast Guard, the incident occurred in the early morning of January 12. A forklift unloading a vessel punctured containers containing the compound pentaerythritol tetranitrate (PETN). PETN is used as an explosive by the military and has industrial and medical applications.

There were no injuries or damage to the environment. The mayor of Morehead City advised residents to evacuate west or to stay home and keep windows and doors closed. A 300-yard safety zone was established around the port.

Dockworkers handle a variety of explosive and toxic materials. Their safety depend on proper training, good safety equipment, the actions of co-workers, and the maintenance of the facility. If something goes wrong, their lives are put at risk.

Dockworkers may also experience health problems due to long term exposure to asbestos or lead.

If you are a dockworker and have been injured by a dangerous chemical or if you are experiencing health problems because you were exposed to toxic chemicals, you may be eligible for damages under the Longshore and Harbor Workers Act. An attorney experienced in maritime law can best advise you on how to get fair compensation. Contact New Orleans’ maritime law specialists at The Young Firm for more information.
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