Fishing Vessel Master's Violates Primary Duty

Monday, August 12, 2002
In Northern Queen, Inc. v. Kinnear, 2002 WL 1799711 (9th Cir. August 7, 2002), the U.S. Ninth Circuit Court of Appeals held that Blake Kinnear, master (and 22 percent owner) of the F/V LIN J, violated the primary duty rule when the vessel sank in icy waters of the Bering Sea in March 1999, relieving the vessel's owner, Northern Queen, Inc.--77 percent owned by his wife and one percent owned by his minor daughter--of liability for his death. Northern Queen initiated the suit by filing a claim under the Limitation of Liability Act, seeking to limit the vessel owner's liability to the post-casualty value of the vessel together with her pending freight. The court found Northern Queen could not rely on this Act because Kinnear--an owner of the vessel--had knowledge of the F/V LIN J's unseaworthiness and "failed to adequately respond or correct those conditions in his capacity as captain." The court's discussion of the primary duty rule is extensive. The rule provides that a seaman "may not recover from his employer for injuries caused by his own failure to perform a duty imposed upon him by his employment." The court had unusually detailed evidence of the decisions Captain Kinnear made leading up to the casualty, through e-mails he sent from his vessel to a cannery where he was taking the 55,000 pound cargo of snow crab. These e-mails established that Kinnear (a) traveled at an excessive rate of speed given the wintery conditions which caused excessive icing on the vessel and (b) chose to carry an excessive number of crab pots on the vessel's deck which blocked access to the lazarette in which water was accumulating, the two conditions, the court found, leading to the vessel's instability and foundering. Source: Marine Legal Update

Maritime Today


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

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

People & Company News

MHIA Relocates to Houston

Today Mitsubishi Heavy Industries America, Inc. (MHIA), a Group company overseeing the business of Mitsubishi Heavy Industries, Ltd. (MHI) in North America, commenced

Pan Ocean on Recovery Path

S. Korea’s Pan Ocean Co.  is expected to see its earnings improve amid rising Baltic Dry Index (BDI) that affects spot contracts accounting for more than half

Offshore Casualty: Harkand Group Collapses

As the prolonged slump in energy prices continues to drag on a number of oil and gas and maritime players, word has it that Harkand Group has succumbed, according to staff reports and a report on www.

Legal

BSEE, USCG on Sharing Information, Jt Ops

Bureau of Safety and Environmental Enforcement (BSEE) Director Brian Salerno and U.S. Coast Guard Rear Admiral Paul Thomas participated in a luncheon panel discussion

Yilport Acquires Sweden's Gavle Terminal

Turkish terminal operator Yilport Holding has gained full control of Gävle’s terminals.   Yilport Holding acquired 100% shares of Gävle Container Terminal (GCT) and Baltic Sea Gateway (BSG).

ICS Pushing For Balanced Update of York Antwerp Rules

At the Comité Maritime International (CMI) Conference, in New York this week, the International Chamber of Shipping (ICS) will be pressing to ensure that the proposed

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Offshore Oil Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction 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: 0.0951 sec (11 req/sec)