Court allows September 11 lawsuits to proceed

Wednesday, September 10, 2003
The U.S. District Court for the Southern District of New York rejected motions by the defendants to dismiss lawsuits brought by persons injured by the terrorist attacks of September 11, 2001 and by decedent representatives. These plaintiffs brought suit against the airlines, airport security companies, airport operators, the airplane manufacturer, and the owners and operators of the World Trade Center, alleging negligence. Defendants moved to dismiss, asserting, among other things, that they owed no duty to plaintiffs and that they could not reasonably have anticipated that terrorists would hijack airplanes and crash them into buildings. The court ruled that defendants owed duties to plaintiffs sufficient to withstand motions to dismiss. Defendants were in positions to protect plaintiffs from harm. Defendants knew that terrorists had engaged in suicide missions and that they had hijacked airplanes in the past. While they may not have been able to anticipate this particular attack, defendants had an obligation to institute measures to reasonably deter terrorist attacks. While I seldom include district court opinions in the Maritime Items, particularly when the cases are not maritime in nature, this case is important because it provides guidance regarding how a future court might deal with liability for terrorism in the maritime sector. Owners and operators of ships and others in the industry, such as facility operators, should carefully review their security situation, despite the current absence of many specific legal requirements. There were few legal requirements for the defendants in these cases, yet the court found sufficient cause for the claims to go forward. Terrorists have already made attacks in the maritime arena. Your goal as a ship or facility owner or operator is to not be a target. In light of recent events, two lessons can be learned: (1) compliance with all applicable legal requirements is required, but not necessarily sufficient; and (2) virtually anything is now considered foreseeable. In re September 11 Litigation , No. 21 MC 97 (S.D.N.Y., September 9, 2003). (Source: HK Law)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter January 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

People & Company News

First Women's Expedition to the Arctic

Company "MyArctic-expeditions" organize the first women's expedition to the Arctic Ocean. The expedition will start on March 5 in the capital of the Nenets Autonomous

Topaz Responder Saves Refugee Migrants

Topaz Energy and Marine has emerged as an unlikely player in the effort to save refugee migrants risking their lives on the sea crossing from Turkey to Greece’s islands in order to reach Europe.

MHI's Entity to Oversee Material Handling Equipment, Engine and Turbocharger Businesses

Today Mitsubishi Heavy Industries, Ltd. (MHI) decided in principle to launch a new wholly owned entity to integrally oversee its current businesses in material

Legal

Globus Maritime Reclassifies Board Member

Globus Maritime Limited, a dry bulk shipping company, announced today that when Georgios Karageorgiou, a Class I director of Globus Maritime Limited  resigned on December 28,

Antietam, McCampbell Build Relationships at IFR 2016

Ticonderoga-class guided-missile cruiser USS Antietam (CG 54) and Arleigh Burke-class guided-missile destroyer USS McCampbell (DDG 85) arrived Feb. 4 in India

COSCO Plans European Transhipment Hub

China's COSCO is forging ahead with a plan to build a European transhipment hub, reports Reuters. The state owned shipping giant is expected to make an offer for

 
 
Maritime Security Maritime Standards Pipelines Pod Propulsion Port Authority Salvage Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0884 sec (11 req/sec)