Assumption of risk is a legal defense that is often employed in offshore injury claims, as well as in other dangerous occupations. Employers, boat owners, captains, and others will attempt to make themselves immune to lawsuits by claiming that their employees knew the risk of their jobs, and thus cannot sue others when those risk factors result in injury. This defense hinges on a simple premise: ...
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Yet another TOTE Maritime ship lost power and drifted for hours on the open seas this past Tuesday. A sister ship to the El Faro, the North Star lost engine power off the coast of Canada this week while sailing from Alaska to Washington. The engine failed to restart, forcing the crew to drift aimlessly for hours until the crew discovered the issue: an electrical problem that crippled the engine ...
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In 2012, three Filipino construction workers lost their lives in a Black Elk Energy platform explosion. Numerous other workers were injured and the explosion caused a leak of an estimated 480 barrels of oil and water. Now, a federal grand jury is seeking to hold those responsible accountable for their involvement in the fatalities. Just today, the jury indicted two companies on charges of ...
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Burn injuries can be detrimental to victims, causing lifelong medical complications, thousands of dollars in medical bills and surgical costs, and serious pain and suffering. The emotional distress from burn injuries can also haunt victims for the rest of their lives. While the maritime industry isn’t necessarily notorious for leading the way in burn injury accidents, the threat of fires and ...
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Posted By Arnold & Itkin LLP
On Tuesday, November 3, our Jones Act and maritime lawyers at Arnold & Itkin LLP filed our second lawsuit for the tragic sinking of the El Faro. In this case, we are representing Patrick John Smith who is the son of Howard John Schoenly—one of the thirty-three men and women who lost their lives in this horrific offshore accident. TOTE Files to Limit Their Liability Last week, TOTE Maritime (the ...
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The team on the USNS Apache has discovered wreckage of a vessel that is mostly likely the cargo ship that went missing last month during Hurricane Joaquin. The National Transportation Safety Board is still gathering evidence and will soon be using CURV 21, a remotely operated underwater vehicle equipped with video to survey the wreckage and confirm that it is the El Faro. The wreckage was ...
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Posted By Arnold & Itkin LLP
On October 28, Attorneys Kurt Arnold, Jason Itkin, and Cory Itkin of Arnold & Itkin filed suit in the 17th Judicial Circuit Court of Florida for the sinking of the El Faro cargo ship. Their suit was filed on behalf of the estate of Anthony Shawn Thomas, one of the victims aboard the ship. Thomas left behind a wife and five children. El Faro’s Voyage In the complaint, it is alleged that the El Faro ...
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The team at Arnold & Itkin has stepped in on behalf of a seaman from Tampa, FL who sustained serious injuries while working on a shrimping boat. The incident occurred off the Texas coast around Freeport, TX. The man was completing his job duties when his hand became infected. Despite making several requests to the captain that the ship be turned around and taken back to port so that he could seek ...
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Posted By Arnold & Itkin LLP
On Monday, October 5, the owner of El Faro, the ship that was lost during Hurricane Joaquin, announced that the vessel had been undergoing engine room work that was previously undisclosed. At a press conference, offices from Tote Inc., the ship owner, stated that an unspecified engine room had been receiving work from a repair crew as part of conversion work before being moved. The President of ...
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The role of a stevedore is very important in the maritime industry. They make sure ships can move quickly from port to port by providing efficient cargo loading and unloading services. These aren’t your average dock workers or musclemen. Stevedores are typically highly skilled and trained operators of advanced mechanical handling equipment. Some stevedores may still handle cargo hands on at ...
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The offshore and maritime industries are filled with risky jobs. One of the most dangerous? Underwater welding. But just how common are accidents in this particular occupation? Due to the nature of the job, it is not surprising that accidents or injuries can occur fairly often. According to statistics, there is an estimated 15% fatality rate for underwater welders. While this may be a high ...
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Posted By Arnold & Itkin LLP
El Faro, a cargo ship carrying 28 Americans, went missing during Hurricane Joaquin; it was last heard from at approximately 7:20 a.m. on Thursday. At that time, the El Faro had sent a distress call that it was taking on water after losing power. It is believed that ship lost propulsion and was listing at 15 degrees. The El Faro was a 735-foot vessel traveling from Jacksonville, FL to San Juan in ...
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Arnold & Itkin has taken on a case involving an injured offshore worker. Our client suffered severe second and third degree burns while working aboard the Lucius spar off the coast of Louisiana. The incident occurred when a pipe flange exploded, gushing pressurized liquid into our client’s face. This resulted in serious injuries, forcing them to seek extensive medical care and treatment. In ...
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Considering a career in the maritime industry ? Have a loved one who works as a deckhand? Understanding more about this important role can give you a better idea of what to expect on the job. Ships and vessels of all sizes require all types of workers to help maintain effective operations. Some of the most key members of a crew are deckhands. These individuals perform a number of essential tasks ...
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On August 27, 2015, in a span of two hours, Arnold & Itkin obtained two substantial verdicts against W&T Offshore in two separate cases tried in Harris County Judicial District Courts. In Wesley Fredieu v. W&T Offshore, the jury took less than three hours to find the company liable for $1,700,000 in damages caused to Mr. Fredieu when a fuel gas header on one its offshore platforms exploded and ...
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At Arnold & Itkin LLP, we are proud to extend our help to injured offshore workers from coast to coast. Backed by years of experience, our maritime injury attorneys have been successful in recovering more than $1 billion in verdicts and settlements on behalf of our clients—and we are ready to help you fight for what you deserve. Maritime Injury Lawyers Serving the Entire Gulf Coast We know that ...
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Understanding How Assumption of Risk May Impact Your Case When you have suffered serious injuries due to a maritime or offshore accident, the last thing on your mind may be getting into a major legal battle with your employee or the party at fault. Unfortunately, even in cases where obvious negligence took place, the liable party will often try to fight this liability to avoid having to compensate ...
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The maritime industry employs commercial divers on a full-time or contract basis to provide inspections or maintenance of offshore structures beneath the surface of the ocean. Given the harsh environment and the depths at which they are required to work, commercial diving is an especially dangerous job. Because of the specialization of their work, commercial divers are often forced to perform ...
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It is no secret that offshore vessels are dangerous places to work. One of the biggest hazards on many offshore vessels is work that must be performed in a confined space. In addition to hazards that are present in open spaces such as being struck by an object, confined spaces contain additional unique hazards. Even hazards that are minor in open spaces can become exacerbated by conditions in a ...
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The maritime attorneys at Arnold & Itkin filed a lawsuit recently on behalf of an Arizona man who was injured while he was aboard a fishing yacht. Our client was on the second deck of the yacht when the captain of the vessel came to an abrupt stop while traveling at a high speed. The force of the stop caused our client to fall to the floor of the second deck. During his fall, he hit his head on a ...
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Posted By Arnold & Itkin LLP
At approximately 1:20 a.m. on Monday, two eastbound Kirby Inland Marine barges and two westbound Enterprise Marine Services barges collided at mile marker 349 near Bolivar Peninsula in Texas. The two Kirby barges had been being pushed by the tug Capt. Shorty C; the other barges were being pushed by the tug Jackie. According to a U.S. Coast Guard Petty Officer, the accident occurred after one of ...
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The Port of Houston is a 25-mile-long complex located on the southeast side of Houston. It connects to the Gulf of Mexico and is the country’s busiest port for foreign exports. In terms of total tonnage, it is the country’s second busiest port, trailing only the Port of South Louisiana. The port traffics over 200 million tons of goods each year. Port of Houston Statistics No. of major cargo ...
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All offshore vessels are required to have a sufficient number of life rafts in case an emergency evacuation of the crew is needed. Life rafts save lives by preventing workers from drowning or freezing in cold waters. However, all offshore workers need to be properly trained on how to safely deploy and board life rafts or further accidents can happen. Topics for Life Raft Safety Training How to ...
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Offshore work is one of the most dangerous industries in the country. Most offshore workers know the risks of rig explosions or being injured by heavy machinery, but they are probably unaware of the threats posed by flesh-eating bacteria. Contracting a flesh-eating bacterium is rare. However, the outcome can be severe. If not treated quickly, infection could result in an amputation or death. What ...
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The United States Coast Guard recently issued new rules that focus on offshore electrical safety. The new regulations expand the list of international explosion protection standards that must be met for offshore drilling sites. Most notably, all electrical equipment must now meet certification standards of either National Regulations or the International Electrotechnical Commission Systems for ...
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