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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