Negligent News

A federal appeals court on Tuesday revived a lawsuit against Royal Caribbean Cruises by the parents of an 18-month-old girl who died after slipping through her grandfather’s hands and falling through an open cruise ship window.The 11th U.S. Circuit Court of Appeals in Atlanta restored two negligence claims over the July 2019 death of Chloe Wiegand, who had been in a children’s play area aboard the ship Freedom of the Seas, which was docked in San Juan, Puerto Rico.Her grandfather Salvatore Anello testified that he picked Chloe up and put her feet on the windowsill…

The November edition of Marine News magazine highlighted the most notable newbuilds delivered in 2022. From sturdy and nimble workboats, to the first new Jones Act laker in a generation, each vessel on display showcases the industry’s engineering prowess and technological ingenuity, with the focus on improving efficiency in operations. The maritime industry has no shortage of challenges to overcome, and each of Marine News’ top vessels will, in one way or another, aid efforts to tackle them.Mark W.

The Federal Water Pollution Control Act (FWPCA – also known as the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), contains a responder immunity provision. That provision states, in pertinent part:(A)A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President relating…

U.S. Coast Guard Sector Key West has issued a Captain of the Port order on a commercial fishing vessel involved in an allision with an anchored recreational vessel 2 miles northwest of the Seven Mile Bridge in Marathon, Fla.Based on witness statements collected by the Florida Fish and Wildlife Commission and Coast Guard boarding teams, the operator of the commercial vessel left the helm unattended for five to six minutes to check an engine alarm while allowing the vessel to proceed at approximately 22 knots.Immediately prior to the accident…

A ship financier’s primary security is the mortgaged ship. If the ship becomes a total loss, the mortgage will provide no valuable security, leaving the financier to rely on its rights as assignee and loss payee (and occasionally as co-assured) under the shipowner’s marine insurance policies. However, the owner’s insurers may decline a claim, for example on grounds of breach of warranty or material non-disclosure, or because the loss is not covered by the policy, such as where the owner scuttles the mortgaged ship.

Jeffersonville, Ind.-based barging company American Commercial Barge Line (ACBL) said it has been cleared of any fault related to the 2008 Mel Oliver collision and resulting oil spill on the Mississippi River.The announcement comes after more than 13 years of legal proceedings and is the result of a settlement agreement reached on November 18, 2021, with the U.S. Department of Justice and the State of Louisiana regarding the case.It was determined that fault for the collision and resulting oil spill belongs to Harvey…

The master of a containership has been charged in Australia after his vessel allegedly dragged anchor through a protected zone and damaged a subsea communications cable off the West Australian coast. The Ukrainian national is facing up to three years imprisonment.A section of the Australia Singapore Cable in the Perth Submarine Cable Protection Zone, approximately 10 kilometers offshore from City Beach, was disabled early on August 1, 2021, and allegations that a passing vessel had damaged the cable were reported to the Australian Federal Police (AFP) on August 3.According to the AFP, the Maersk Surabaya had been anchored approximately 500 meters from the protection zone…

A "poorly maintained" livestock carrier seen operating with a list and a hole in its hull has been banned from Australian ports for a period of 24 months, the country's "most severe banning to date", authorities said Friday.The Marshall-Islands-flagged Barkly Pearl was initially spotted on November 3, 2020 traveling through Australia’s northern waters with a large hole in its hull, and the Australian Maritime Safety Authority (AMSA) issued an intervention direction instructing…

The specter of liability beyond the limits of applicable insurance for the salvor’s liability to both its contractual partner and third parties continues to haunt the American Salvage Association’s members. Hence, the efforts since 2011 to obtain broad based immunity from claims beyond the patch work of statute, judge made law and contractual risk shifting terms. The exposure on certain projects to the prospect of “you bet the company claims” has caused prospective bidders with the requisite skills, technical expertise, and physical resources to decline opportunities to participate in major but high-risk projects. Responder immunity…

Fishing Vessel Owner and Operator Plead Guilty and Fined $1 Million for Discharging Oily Waste into the Coastal Waters of the United States Sea Harvest Inc., operator of the fishing vessels Enterprise and Pacific Capes, along with Fishing Vessel Enterprises Inc., the vessels’ owner, pleaded guilty today to violating the Clean Water Act for both knowing and negligent discharges of oily bilge water from the vessels’ engine rooms. The companies were sentenced to pay a $1 million criminal fine and serve a five-year term of probation.

Two more employees of Ripley Entertainment, Inc. – the company that operated duck boat rides in Branson, Missouri – along with the captain of the duck boat that sank at Table Rock Lake last summer, resulting in the deaths of 17 people, have been indicted by a federal grand jury.Curtis P. Lanham, 36, of Galena, Missouri, and Charles V. Baltzell, 76, of Kirbyville, Missouri, were charged in a 47-count superseding indictment returned under seal by a federal grand jury in Springfield on Thursday, June 13.

Two Greek shipping companies have been fined $4 million in a U.S. plea deal for not reporting 2017 illegal oil discharges by a tanker at some Texas ports.“Two Greek shipping companies, Avin International LTD and Nicos IV Special Maritime Enterprises, were sentenced today on charges stemming from several discharges of oil into the waters of Texas ports,” the Department of Justice said in a press release.The companies in November pleaded guilty to obstruction of an agency proceeding, failure to report discharge of oil and negligent discharge of oil.Avin International was the operator and Nicos I.V. Special Maritime Enterprises was the owner of the Nicos I.V., which is a Greek-flagged vessel.

The United States Supreme Court held that, in the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part that the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses and the manufacturer has no reason to believe that the product’s users will realize that danger. In the instant case, the manufacturers produced equipment for three Navy ships. The equipment required asbestos insulation or asbestos parts to function as intended…

It was a warm and sunny early summer morning in an increasingly popular and typically busy domestic harbor. And, not surprisingly, the water and waterfront were crowded with commercial and private vessels of every description. From a slowly moving tug/barge combination, a working dredge and a small tanker delivering fuel on the more industrial side of the harbor, to numerous water taxis, sightseeing boats and larger catamaran ferries, the harbor was buzzing with activity.All of these commercial vessels were operating in close quarters with a fleet of small yachts…

There are a number of federal and state statutes that intentionally and justifiably impose strict criminal liability. Persons who manufacture hazardous explosives and those who keep dangerous animals create serious risks to public safety. Clearly placing the burden of potential criminal liability, even in the absence of criminal negligence or intent, on those persons and entities is appropriate. There are other statutes, though, that fail to disclose whether the authors intended for the criminal penalties included for noncompliance to be strictly applied or whether criminal liability requires proof of criminal negligence or specific intent. Two such statutes of interest to the maritime community are the Refuse Act of 1899 and the Migratory Bird Treaty Act (MBTA).

U.S. Navy warship USS Fitzgerald, which was damaged and nearly sunk after a fatal collision with a cargo ship in June and then was damaged again while on board a heavy lift transport vessel, has arrived in Pascagoula, Miss., for repair work at Huntington Ingalls Industries shipyard. The Arleigh Burke-class guided missile destroyer arrived in Pascagoula on January 19, aboard heavy lift vessel MV Transshelf inward bound from Yokosuka, Japan. Fitzgerald is expected to spend several days in the Port of Pascagoula as the heavy lift ship will commence the reverse operation of unfastening, lowering and guiding the ship down off of the platform. The warship will then be taken to its designated pier space at the shipyard. that killed seven U.S. Navy Sailors.

The commanding officers of two U.S. Navy destroyers involved in deadly collisions last year in the Pacific Ocean face courts-martial and military criminal charges including negligent homicide, the U.S. Navy said in a statement on Tuesday. Filing charges against the officers marks the Navy’s latest effort to address the problems that led to collisions involving its warships in Asia, in which 17 sailors were killed. The Navy has already dismissed several senior officers, including the commander of the Seventh Fleet, as a result of the collisions.

Shipbreaking plot no. 54 in Gadani, Pakistan, was sealed off after a massive fire broke out on-board the ship ACES (IMO 8021830), said NGO Shipbreaking Platform. This is the same floating oil production tanker that blew up on 1 November last year – an explosion that caused the death of 31 workers and seriously injured at least another 58 workers. Fortunately, reports seem to indicate that no workers got caught in the flames of yesterday’s fire on the ACES. After having been left untouched and unbroken in the same yard since last year’s catastrophic explosion, the Pakistan Department of Environment gave permission last week for the continued breaking of the ACES.

Wood Group PSN Inc., a Nevada corporation headquartered in Houston, was ordered to pay $9.5 million in two separate cases involving its conduct in the Gulf of Mexico. Specifically, Wood Group PSN was ordered to pay $7 million for falsely reporting over several years that personnel had performed safety inspections on offshore facilities in the Gulf of Mexico in the Western District of Louisiana, and $1.8 million for negligently discharging oil into the Gulf of Mexico in violation of the Clean Water Act after an explosion on an offshore facility in the Eastern District of Louisiana, announced Acting Assistant Attorney General Jeff Wood of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney for the Western District of Louisiana Stephanie A. Finley, and U.S.

On February 16, 2016, Judge Carl J. Barbier of the United States District Court for the Eastern District of Louisiana granted summary judgment in favor of the various commercial oil spill response companies involved in the federal government’s response to the Deepwater Horizon (DWH) oil spill in the Gulf of Mexico in 2010. The responders had been sued by numerous individuals claiming that they incurred damages, including personal injury and/or medical monitoring claims for exposure or other injury resulting from the post-explosion and spill clean-up efforts. Plaintiffs fell into five categories: (1) crew involved in the Vessels of Opportunity (VoO) program…

There are a variety of jurisdictional lines in the water. The first line to be considered is the national boundary between two adjacent or nearby countries. Adjacent countries tend to draw agreed boundaries extending their shoreside boundaries, with accommodations for headlands, capes, etc. Most national boundaries have been agreed upon long ago. A few, though, are not officially resolved. Somewhat surprisingly, of the four marine boundaries between Canada and the U.S., three are still in dispute.

International Transport Intermediaries Club (ITIC) has reimbursed a marine surveyor accused of negligence by the owner of a ferry which sustained significant machinery damage while being towed to a shipyard. The ferry, which operated in North American waters, was due to be towed to a shipyard to undergo a refit. A marine surveyor was engaged by the shipyard to undertake a ‘fit for tow’ survey and to provide a certificate of approval confirming that the towage arrangements between the tug and the ferry were satisfactory. The surveyor completed his survey and issued the certificate of approval. Three days later, however, the ferry took on water during the course of the tow and sustained considerable damage to its main machinery compartment.

The increasing automation of vessels is causing some mariners to lose basic maritime skills. During dinner on June 10, 1995, the last night before the cruise ship Royal Majesty was due to arrive in Boston from its voyage to Bermuda, the master bragged to the passengers at his table that his ship could never run aground because it had all the latest electronic equipment, including a navigation system that integrated the GPS signals and other information. At 2225 that night the ship grounded on the Rose and Crown Shoal near Nantucket. It was 17 miles west of its planned trackline.