Offshore InjuryBlog

Blogs Posted in November

11 28

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What Is Assumption of Risk?

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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11 27

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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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11 23

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The Jones Act: How Do I File a Claim?

In 1920, legislation known as the Jones Act was signed into law. A major part of the legislation stipulated a protection for seamen that allowed them to hold employers liable for their injuries if they resulted from negligence. This part of the Jones Act is very much an active part of today’s shipping industry, requiring employers to provide reasonably safe environments for their workers. You can ...
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11 21

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How Oil Spills Affect the Ocean

It is estimated that 706 million gallons of waste oil enter the ocean on a yearly basis. While offshore drilling, spills, and leaks only contribute around 8% of this, they still result in millions of gallons. Oil spills can happen for a number of reasons, from offshore drilling accidents to vessel accidents. When oil spills into the ocean, it will spread into the water, primarily resting on the ...
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11 19

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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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11 17

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In most cases, oil rig injuries are caused by the negligence of another. Whether your employer didn’t offer you proper training or a manufacturer provided faulty parts, there are a number of different parties that may be accountable. Even when human error resulted in your injuries, you may still be eligible for compensation under certain maritime laws . Understanding the Laws That Apply to Your ...
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11 16

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As of today, the National Transportation Safety Board has concluded their search through the wreckage and debris field of the El Faro , the freighter that was lost at sea in early October. Unfortunately, we have received word that the NTSB’s search for the Voyage Data Recorder has ended without success . As we reported on a previous blog, the VDR is a vital part of any offshore disaster ...
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11 12

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As of this afternoon, the National Transportation Safety Board and the U.S. Navy’s ongoing accident investigation into the El Faro case has determined the location of the bridge deck. However, the Voyage Data Recorder, normally located at the back of the navigation bridge, is missing. Now, the USNS Apache is combing the debris field for the missing recorder. The Voyage Data Recorder records data ...
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11 10

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Burn Injuries in the Maritime Industry

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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11 5

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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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11 3

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Last night, Attorney Jason Itkin appeared on CNN’S Erin Burnett OutFront to discuss how the El Faro owners are attempting to limit what’s owed to the families affected by this maritime tragedy. On Friday, TOTE Maritime, the owner of the El Faro, filed a complaint in the U.S. District Court in Florida claiming they should bear no financial liability regarding the sinking of the ship. Per the ...
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11 2

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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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