"Vessels Negligent Until Proven Otherwise"
On September 6, 1992, the M/V H. Lee (White) approached the Grosse Ile Toll Bridge on the Trenton Channel of the Detroit River. The M/V White is a 700 ft. cargo freighter that is 78 ft. wide and has a 13,000 lb. port-bow anchor. On that particular day, the M/V White was carrying 67 million lbs. of iron ore. The Grosse Ill Toll Bridge (the bridge) is a privately owned toll bridge over the Detroit River. The bridge opens for vessel traffic with a pivot system. It has a 305 ft. swing span in the center of the bridge that pivots open allowing for the passage of vessels. Bracketing the swing section are two 180 ft. fixed spans that allow for a 125 ft. draw once the swing span is open. Therefore, the bridge allows for little margin of error for a ship such as the M/V White which is 78 ft.
Legal Beat: Captains Not Able to Recover Under Jones Act
Maritime law traditionally recognized only two claims by a seaman injured in the course of his employment. One claim was for maintenance and cure along with wages until the end of the voyage, and the other claim was damages for injuries sustained due to the unseaworthiness of the ship. Eventually, the Jones Act was passed creating an additional right of action for seaman under the theory of negligence. In contrast to the rights afforded to seamen, vessel owners have also been provided with certain defenses and immunities. One such defense is the primary duty doctrine. Under the primary duty doctrine, a Jones Act seaman may not recover from a vessel owner for injuries caused by the seaman's own failure to perform a duty imposed on him by his employment.
