Ship Owner May Sue Injured Seaman

Friday, December 09, 2005
The U.S. Court of Appeals for the Fifth Circuit ruled that a ship owner may assert a negligence and indemnity claim against its seaman-employee for property damage allegedly caused by the seaman’s negligence. In the instant case, plaintiff mate was injured when his ship collided with another ship. Plaintiff was on watch and in command of the ship at the time and allegedly left the wheelhouse in congested waters to attend to personal business. Plaintiff brought suit against the other ship and against defendant employer under the Jones Act and general maritime law. Defendant settled with the other ship and then filed a counterclaim against plaintiff. The trial court dismissed the counterclaim and defendant appealed. The appellate court ruled that it is a well-accepted principle that an employer has a right of action against its employee for property damage arising out of negligence committed within the scope of employment. The court further ruled that there is nothing in the Jones Act or the underlying Federal Employers’ Liability Act (FELA) that abrogates this principle. Source: HK Law
Maritime Reporter September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Foster Wheeler & MDM Engineering Merged

Foster Wheeler AG announced today that an indirect wholly owned subsidiary of the Company has completed the acquisition of MDM Engineering Group Limited (“MDM”)

New York, London Juxtaposed by New Maritime Event

On November 13, the newly formed New York Maritime Consortium, a coalition of leaders from New York Maritime Inc. (NYMAR), the Society of Maritime Arbitrators (SMA),

Yara Reports Strong 3Q Results

Yara International ASA delivered strong third-quarter results, with record fertilizer deliveries and continued margin benefit from lower European gas price. "Yara

Cruise Ship Trends

Wärtsilä Expects 5% Sales Growth

Wärtsilä announced its third quarter results, reporting that it sees good development in order intake and profitability. According to Wärtsilä, third quarter

Holland America Line & Seabourn names Kammerer is V.P

Mark Kammerer has been named vice president, international marketing and sales for Holland America Line and Seabourn. In this role, he will be responsible for the companies’ sales offices in the U.

Cruise Ship Returns to Texas after Ebola Concern

The Carnival Magic cruise ship was en route back to the United States on Saturday with a passenger from Texas who might have handled specimens of the first Ebola

 
 
Maritime Security Navigation Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Electronics Ship Simulators Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.1513 sec (7 req/sec)