Houston, Texas Maritime Lawyers and Jones Act Attorneys | Louisiana, Mississippi, and Alabama Offshore Accident Lawyers and Jones Act Injury Lawyer

General maritime law consists of the common law causes of action that have developed over the years. This body of law provides seamen with additional rights and damages outside of the Jones Act. It also allows for claims by the surviving family members for the death of a maritime worker. General maritime law even provides remedies for non-seamen injured at sea or during the course of maritime activities.

The statute of limitations for general maritime claims is three years from the date of the incident. In some cases, the statute can either be shortened or extended so it is important to contact an experienced maritime lawyer to ensure that your claim is filed in a timely manner.

The most notable maritime provisions regarding seamen are claims for unseaworthiness, maintenance and cure, and common law negligence against a third party. Also, general maritime law follows a strict liability standard for product liability and provides non-seamen with causes of action for negligence and wrongful death relating to an injury on navigable waterways.

Under general maritime law, punitive damages and attorney's fees are not usually recoverable in cases of a seaman against their employer. In certain circumstances, however, courts have allowed recovery of punitive damages against third-party defendants who are not employers, as long as the claim falls within general maritime law and not under the Jones Act or any other federal statute.

It is imperative that you consult an experienced maritime injury attorney to ensure that your claim is filed properly and in a timely manner. Contact the Texas maritime injury attorneys at Fitts Zehl, LLP toll-free at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com. We represent clients in states throughout the gulf coast region including: Louisiana, Alabama and Mississippi.

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.

Permalink

General Maritime Claims

Topics

Recent Updates

Archives

Web Resources