General Maritime Claims

Gulf Coast Residents Unable to Earn a Living Following Gulf Oil Spill
Posted by: rzehl
July 14, 2010

Following the tragic explosion of the Deepwater Horizon in which 11 workers lost their lives, oil from the damaged well-head began spewing uncontrollably into the Gulf of Mexico. As the weeks and months pass without a solution, more and more Gulf Coast residents are feeling the economic effects of this still-unfolding disaster. There are many who have been directly affected by the spill, including:

•· Offshore workers;

•· Deep Sea Divers;

•· Fishermen;

•· Shrimpers;

•· Hotel Owners;

•· Tour Boat Operators and

•· Fishing Guides.

These people have seen the Gulf spill make their work virtually impossible. However, there also exists an even larger number of individuals who have been indirectly affected by the spill. These people deserve compensation for their losses as well and include:

•· Restaurant owners;

•· Casino workers;

•· Truck drivers;

•· Cab drivers and

•· Small business owners.

BP is quick to deny claims filed by individuals who have suffered indirect harm to their earning ability. Don't take no for an answer. The law firm of Fitts Zehl knows what it takes to stand up to BP and get them to pay attention. Our firm can even help cover necessary expenses while your claim is pending so that you don't fall further behind. The BP oil spill is having a devastating effect on the entire Gulf Coast economy. If you or someone you know is suffering loss of business or loss of income relating to the Gulf oil spill, contact the experienced oil spill damage lawyers at Fitts Zehl, LLP today for a free, no-obligation consultation.

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Fishing Vessel Safety Act: When Is a Ship Too Dangerous To Be At Sea?
Posted by: rzehl
September 10, 2009

According to the United States Coast Guard, there are several hazardous conditions that, if discovered by a boarding officer, are grounds to force a fishing vessel owner or operator to take remedial steps to ensure the safety of the crew. This can even include directing the operator to moor the ship until the condition is remedied or some other specific course of action is taken. These especially hazardous conditions include:

•· A lack of sufficient life-saving equipment for the crew. This includes Personal Flotation Devices (PFD's) and immersion suits. Also, there must be sufficient survival craft capacity for the entire vessel.

•· A malfunctioning or inoperable Emergency Position Indicating Radio Beacon (EPIRB) or other radio communications equipment that is not functioning properly. At least one means of communicating distress must be present and operable onboard any given vessel. If both are required, at least one must be operable to avoid a premature end to the voyage.

•· A lack of sufficient firefighting equipment. This includes firefighting equipment that is present but inoperable.

•· The presence of excessive amounts of volatile fuel or vapors in bilges. This could potentially result in a catastrophic explosion.

•· A bilge system that is inoperable or malfunctioning in some way.

•· The presence of an intoxicated shipmaster acting in charge of the crew. An individual in charge of a fishing vessel is considered to be intoxicated when his blood alcohol concentration reaches 0.4 percent or the intoxicant causes visible changes in his manner, disposition, muscular movement, speech, general appearance or behavior.

•· A lack of adequate or operable navigation lights onboard the ship. These lights are essential for navigating during periods of reduced visibility.

•· A lack of watertight closures or closures that are inoperable.

•· The presence of any flooding or uncontrolled leakage in any space onboard the vessel.

•· The lack of a current certificate of class for a vessel that processes fish, as required by law.

•· The lack of a Load Line Certificate issued by the American Bureau of Shipping or some other similarly qualified organization.

The presence of any one of these hazardous conditions onboard your vessel is enough to put your life in considerable danger. While offshore work is often extremely rewarding, it is also notoriously full of peril. The last thing you need is for your supervisor to negligently contribute in any way to making your working conditions any more dangerous. If you or a loved one has been injured offshore due to the negligence of your supervisor, contact the experienced maritime attorneys at the law firm of Fitts Zehl by phone at (866) 586-8988 or by email at info@gulfcoastmaritimelawyer.com.

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Limitation of Liability Act-Omega Protein Inc. v. Samson Contour Energy
Posted by: rzehl
February 26, 2009

As I have written before, there is a way for ship owners to limit liability in the event of a maritime injury suit. A recent 5^th circuit case, Omega Protein Inc. v .Samson Contour Energy E&P LLC, (5th Cir. 2008), discussed the issue in great detail. “Under the Limitation of Liability Act, a vessel owner may limit liability for maritime casualties to the value of the vessel and pending freight.  However, if the vessel's negligence or unseaworthiness is the proximate cause of the claimant's loss, the plaintiff-in-limitation must prove it had no privity or knowledge of the unseaworthy conditions or negligent acts.  We have stated that privity or knowledge implies some sort of complicity in the fault that caused the accident. The owner has privity if he personally participated in the negligent conduct or brought about the unseaworthy condition.  A corporate owner is assumed to know what the corporation's managing officers knew or should have known with respect to the conditions or actions likely to cause the loss.  The question of privity or knowledge must turn on the facts of the individual case." Essentially, each case must be analyzed on its own to determine whether or not the vessel owner had knowledge. If it is determined that the ship owner contributed to the cause of the claimant’s injury, that owner will be unable to limit liability under the Act.

The court in Omega Protein also elaborated on imputed knowledge of unseaworthiness or negligent conditions in determining whether or not to allow limited liability. Basically, if a corporate owner did not have direct personal knowledge of unseaworthy or negligent conditions, but should have known, he will be considered to have knowledge and will therefore not be able to limit liability under the Act. “Knowledge of an unseaworthy or negligent condition is normally imputed to a corporate owner if the condition could have been discovered through the exercise of reasonable diligence. A finding of negligence indicated complicity in the cause of the accident sufficient to make limitation unavailable.  There are two exceptions to this rule: (1) mere mistakes of navigation by an otherwise competent crew do not bar limitation of liability; and (2) whether negligence may be imputed can be determined by reference to the negligent employer's stature within the corporate hierarchy.  If sufficiently high, limitation of liability is precluded.”

The maritime injury lawyers at Fitts Zehl have the experience necessary to handle your claim. Contact us today for a free consultation by phone (713) 491-6064 or email info@gulfcoastmaritimelawyer.com. We zealously represent clients from throughout the Gulf Coast region including: Port Aransas, Corpus Christi, Galveston and New Orleans.

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Private/Recreational Boating Accidents
Posted by: rzehl
January 29, 2009

Maritime law is not restricted to commercial accidents only. In fact, most accidents involving a private or recreational vessel fall neatly within the scope of maritime law. More often than not, these accidents result due to the careless or reckless actions of the vessel operator. In addition, an inexperienced operator or even a vessel malfunction can also cause an incident.

A recreational vessel operator has a duty to exercise due care in the operation of any watercraft. Failure to do so can result in liability for any injury that was the result of the operator’s negligence. Specifically, violations of this duty include:

1.     failure to pay attention;

2.     failure to abide by the rules of the water (exceeding the speed limit, boating while intoxicated, etc.);

3.     failure to abide by the established load limits (too many people onboard, people seated in a dangerous position, etc.) and

4.     failure to properly maintain the vessel.

Boating accidents are very serious and often result in severe injury, dismemberment or even death. When the careless or reckless behavior of the operator causes a boat accident, that individual can be held liable for any resulting damages.

In a time of great difficulty, you need someone with the knowledge and experience necessary to hold the negligent party responsible. Navigating the complexities of maritime law is not something that just any lawyer can do. The vast majority of attorneys will never even be offered a maritime case, let alone handle one successfully. Contact the experienced Texas boating accident lawyers at the Fitts Zehl Law Firm by phone at (713) 491-6064 or by email at info@gulfcoastmaritimelawyer.com. We are committed to helping you during your time of need. The Law Firm of Fitts Zehl, LLP represents maritime clients throughout the Gulf Coast region including: Texas, Louisiana, Alabama, Mississippi and Florida. 

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An In-Depth Look at Navigable Waters
Posted by: rzehl
December 31, 2008

Under Admiralty law, jurisdiction is generally limited to the sea. However, Admiralty jurisdiction can also encompass waters within the “ebb and flow of the tide” as well as public waters like lakes, rivers, streams or any other “navigable” body. There exists a test to determine admiralty navigability whereby a waterway must be capable of being used as a highway for maritime commerce. Essentially, the activity must relate to the business of interstate shipping.

To determine a waterway’s navigability for purposes of establishing maritime jurisdiction, one must meet the interstate nexus threshold. Basically, a given waterway must be used for commerce between ports and places in different states or foreign countries in order to qualify under maritime law. A waterway that is entirely located within the borders of one state and is incapable of being used as a means of interstate commerce will not fall under maritime jurisdiction.

An additional stipulation states that a navigable waterway be used or capable of being used for the customary modes of trade and travel on water. This is referred to as navigability-in-fact and allows for the application of maritime law so long as there is proof of present or potential commercial shipping.

Maritime law is a very complex area to navigate. It takes an experienced maritime attorney to ensure maximum recovery for the injuries you have sustained. The pitfalls are numerous and can potentially devastate your claim. If you or someone you love has been injured while working at sea, contact the experienced maritime lawyers at the Fitts Zehl Law Firm by phone at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com.

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The Admiralty Extension Act
Posted by: rzehl
December 22, 2008

The Admiralty Extension Act provides coverage for injuries based on land but caused by a vessel on navigable water. This provision allows admiralty and maritime jurisdiction to extend to cover those injured on land by some appurtenance of the ship. Until this measure was enacted, those injured on land while working near their vessel were not included under maritime law and were forced to seek compensation under less favorable law.

In addition, this Act also extends the benefit of maritime jurisdiction to those injured while involved in the loading, unloading or storage of the vessel’s cargo. In order to determine whether or not you may be eligible to recover under the Act, it is imperative that you consult with an experienced admiralty lawyer today. Contact the experienced maritime attorneys at the Fitts Zehl Law Firm by phone at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com. 

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Punitive Damages: The Effect of Exxon Shipping Co. v. Baker
Posted by: rzehl
October 16, 2008

This recent Supreme Court decision involving the supertanker Exxon Valdez could have a profound effect on the amount awarded for maritime punitive damages in the future. The Court found that the problem with maritime punitive damage awards generally is that they are unpredictable. The Court, having decided that the punitive damage figure was too high in the case at hand, entertained three options for recalculating the amount.

First, the Court considered giving instructions to the jury including specific standards, criteria and limitations for the award. This was to be further bolstered by making this jury decision subject to appellate review upon issuance. Second, the Court considered a simple cap on the dollar amount that could be awarded for punitive damages. Third, the Court considered attaching punitive damages to compensatory damages using a ratio.

After considering each option, the Supreme Court decided that the ratio formula was the most fair. While determining the specific ratio to be used in calculation, the Court considered up to a 3:1 ratio before finally settling on a 1:1 ratio of punitive to compensatory damages under maritime law. This was deemed to be fair because Exxon’s actions were considered worse than negligent but less than malicious. Basically, what Exxon did was on the low-end of the scale in terms of behavior, in the Court’s eyes. Unfortunately, this 1:1 ratio may stand for future maritime punitive damage awards, even in cases where the defendant was acting maliciously and seeking to augment profit by doing so. This decision to reduce maritime punitive damages could have the unintended effect of encouraging risky corporate behavior for the sake of profits.

If you or someone you know has been injured offshore, contact the experienced Louisiana Jones Act attorneys at the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 99-FITTS. We represent clients from cities throughout the gulf coast region including: Houston, New Orleans, Baton Rouge and Cameron.

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Can I Recover Punitive Damages Under Maritime Law?
Posted by: rzehl
October 09, 2008

Generally, punitive damages have always been recoverable under general maritime law. However, a recent Supreme Court decision, Exxon Shipping Co. v. Baker, presented three questions: (1) whether punitive damages are barred by the enactment of federal statutory law, like the Clean Water Act (CWA), (2) whether a corporation may be held liable for punitive damages because of the conduct or behavior of a managerial employee and (3) whether the award of $2.5 billion in punitive damages against Exxon was excessive under general maritime law. This case involved the infamous supertanker “Exxon Valdez” and the environmentally devastating oil spill it caused in Prince Edward Sound.

In its decision, the Court concluded that punitive damages are allowed under maritime law and are not preempted by any federal statutory law, including the CWA. The Court did, however, find the $2.5 billion award to be excessive and, using its rule-making powers bestowed upon it by Article III, § 2 of the U.S. Constitution, introduced a punitive damage cap of no more than the amount awarded for compensatory damages. This basically means that you can only recover punitive damages up to the amount you receive in compensation for your actual loss, a maximum ratio of 1:1. This resulted in the reduction of the $2.5 billion award to $507.5 million, the amount awarded in compensatory damages.

Interestingly enough, the Court was split (4-4 with J. Alito not participating) as to the issue of whether a corporation may be held liable for punitive damages stemming from the reckless and wanton behavior of its managerial employees. Because of this split, the Court followed long-standing precedent and left the opinion of the Ninth Circuit holding Exxon punitively liable for the actions of its managerial employee.

If you or someone you know has been injured offshore, contact the experienced Jones Act attorneys at the Fitts Zehl Law Firm by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 99-FITTS. We represent clients from throughout the entire Gulf Coast region including: Homa, Gulfport, Houston and Tibideaux.

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Injury on a Cruise Ship-General Maritime Law or Jones Act?
Posted by: rzehl
August 19, 2008

Cruise ships are often a great way to vacation. Unfortunately, preventable injuries can and do occur quite often onboard these ships. Depending upon what you were doing when you were injured, one of two bodies of law will apply to your case. It is important to hire an attorney who knows which body of law applies to your specific case.

If you, as an employee, were working onboard the ship when you were hurt, you will more than likely be a seaman for the purposes of the Jones Act. This means that you may recover damages under the Jones Act for your injuries as well as for any medical expenses, pain and suffering, mental anguish and past and future lost wages resulting from the incident.

If you, as a passenger, were onboard the ship when you were hurt, you will more than likely be able to recover damages under General Maritime Law. Although less favorable than the Jones Act, if you can prove that the cruise ship company or its employees breached their duty and were negligent in providing reasonable care for the safety of the passengers, you may be able to recover damages.

Our attorneys represent clients from throughout the Gulf Coast region including Houston, Mobile, New Orleans and Baton Rouge. If you or someone you know has been injured offshore, contact the experienced Texas maritime lawyers at the Fitts Zehl Law Firm by phone at (800) 993-4887 or by email at info@gulfcoastmaritimelawyer.com.

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General Maritime Law-Protecting Injured Seamen
Posted by: rzehl
June 23, 2008

General maritime law continues to play an important role in protecting injured seamen by holding vessel owners accountable. Under general maritime law, a ship owner owes a duty to his offshore employees to provide a seaworthy vessel that is properly maintained, manned and equipped for its intended task. If a seaman is injured or becomes ill due to the vessel's unseaworthiness, that seaman may recover damages from the ship's owner.

Any seaman that is injured or made ill during the course of his employment is entitled, regardless of fault, to receive maintenance and cure. These maintenance and cure payments cover necessary room and board as well as medical expenses during recovery and will continue until maximum medical improvement (MMI) is achieved. In addition, he is entitled to receive his full wages for the remainder of the voyage upon which he was injured or became ill.

Our Maritime Accident Attorneys understand what it takes to help an injured seaman recover what he is owed under the law. We represent clients from the entire Gulf Coast region including, Galveston, Baton Rouge, Houston and New Orleans. To reach an experienced Texas maritime attorney contact the lawyers at Fitts Zehl, LLP by phone at (800) 993-4887 or by email at info@gulfcoastmaritimelawyer.com.

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Limitation of Liability Act
Posted by: rzehl
May 19, 2008

Congress passed the Limitation on Liability Act in 1851 to encourage the building of new ships and to reassure capitalists that the ship-building industry was a good place to invest money. The Act also had the purpose of leveling the global playing field since most other maritime nations already had their own limitation acts in place by that time. This Act allows a vessel owner to limit liability for damage or injury, as long as the incident occurred without the owner's privity or knowledge, to the value of the vessel or the owner's interest in the vessel. In essence, a vessel owner may limit his liability so that it does not exceed the amount or value of his interest in the vessel.

The Texas maritime law firm of Fitts Zehl, LLP is ready to evaluate your claim. We represent clients from all over the Gulf Coast including Houston, New Orleans, Corpus Christi and Mobile. Contact the experienced offshore attorneys of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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