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  • NTSB Posts “Illustrated Digest” on Why the EL FARO Sank, Killing 33 Souls

    The National Transportation Safety Board recently published online a concise and easy-to-understand 16-page pdf document entitled “Sinking of the US Cargo Vessel El Faro.”  The ship sank on October 1, 2015, 36 nautical miles northeast of Acklins and Crooked Islands, Bahamas, and close to the eye of Hurricane Joaquin, which packed average wind speeds of 117 knots (134 miles per hour).

    The document, an illustrated brochure, includes the timeline and track of the ship’s final voyage, highlights of key decisions made by the ship’s captain, examples of the disregarding by the captain of timely weather data, the lack of shoreside oversight by the ship’s owner, an explanation of how seawater got inside the ship, and several of the NTSB’s safety recommendations made to try to prevent a re-occurrence.

    https://www.ntsb.gov/investigations/AccidentReports/Reports/SPC1801.pdf

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    Our law firm, Goldsmith & Ogrodowski, LLC, focuses its practice on protecting the legal rights of commercial vessel crewmembers and their families. We are experienced at bringing lawsuits for negligence under the Jones Act and, under the general maritime law, claims for negligence, unseaworthiness, and maintenance and cure, when a crewmember has been seriously injured or killed.

    We also represent passengers and families when an injury or death occurs aboard or involving recreational or commercial passenger vessels.

    If you have questions about this post or your or your family’s legal rights under admiralty and maritime law, call or write us for a free consultation at 877-404-6529, 412-281-4340, or info@golawllc.com. We invite you to learn more about our lawyers and our law firm on our website, http://www.golawllc.com.

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  • U.S. Coast Guard Ups Dollar Thresholds for Property Damage Marine Casualty Reporting

    USCG

    On March 19, 2018, the U.S. Coast Guard published a formal notice in the Federal Register, amending its regulations to increase the estimated dollar value of property damage required for vessel operators to immediately report the incident to this federal agency.  A reportable property damage “marine casualty” increases to $100,000, from $25,000, and a “serious marine incident” in the property damage realm increases from $100,000 to $200,000.

    The Coast Guard’s notice explains the increases are intended to catch-up with inflation and maintain the agency’s intent that “relatively minor” or “insignificant” property damage need not be reported.

    The notice explains that while these increased thresholds may result in less frequent post-casualty drug testing in property damage incidents, mandatory drug testing following and reporting of other “reportable” incidents remains in place:

    “We feel that the various types of reportable casualties detailed in 46 CFR 4.05-1 ensure we are made aware of those incidents that could indicate more serious problems and that may be averted in the future with timely intervention. These include groundings, bridge allisions, loss of propulsion or steering, certain equipment failures, incidents resulting in significant harm to the environment, fire or flooding that adversely affects the vessel’s seaworthiness or fitness for service, injuries beyond first aid, and loss of life—regardless of property damage cost.”

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    Our law firm, Goldsmith & Ogrodowski, LLC, focuses its practice on protecting the legal rights of commercial vessel crewmembers and their families. We are experienced at bringing lawsuits for negligence under the Jones Act and, under the general maritime law, claims for negligence, unseaworthiness, and maintenance and cure, when a crewmember has been seriously injured or killed. 

    We also represent passengers and families when an injury or death occurs aboard or involving recreational or commercial passenger vessels.

    If you have questions about this post or your or your family’s legal rights under admiralty and maritime law, call or write us for a free consultation at 877-404-6529, 412-281-4340, or info@golawllc.com. We invite you to learn more about our lawyers and our law firm on our website, http://www.golawllc.com.

     

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  • U.S. Coast Guard Releases Marine Board of Investigation Report on EL FARO Tragedy

    All thirty-three crew members of the container and roll-on/roll-off cargo ship, the EL FARO, perished on October 1, 2015, when the vessel sank near the eye of Hurricane Joaquin, en route from Jacksonville, Florida, to San Juan, Puerto Rico.  The Coast Guard in its report faults, among others, the ship’s master and operating companies.  You can read the enthralling 199-page report here:

    https://media.defense.gov/2017/Oct/01/2001820187/-1/-1/0/FINAL%20PDF%20ROI%2024%20SEP%2017.PDF

    The M/V EL FARO

    Some excerpts from the report’s conclusions:

    • “The loss of the U.S. flagged cargo vessel EL FARO, along with its 33 member crew, ranks as one of the worst maritime disasters in U.S. history, and resulted in the highest death toll from a U.S. commercial vessel sinking in almost 40 years.”
    • “TOTE [the EL FARO’s operator] did not ensure the safety of marine operations and failed to provide shore side nautical operations supports to its vessels.”
    • “TOTE and the Master and ship’s officers were not aware of vessel vulnerabilities and
      operating limitations in heavy weather conditions.”
    • “The Master did not effectively integrate the use of Bridge Resource Management
      techniques during the accident voyage. Furthermore, the Master of EL FARO did not order a
      reduction in the speed or consider the limitations of the engineering plant as EL FARO
      converged on a rapidly intensifying hurricane. This resulted in loss of propulsion, cargo shifting and flooding.”
    • “The crew’s complacency, lack of training and procedures, and EL FARO’s design
      contributed to the crew’s failure to assess whether the vessel’s watertight integrity was
      compromised.”
    • “TOTE’s lack of procedures for storm avoidance and vessel specific heavy weather
      plans containing engineering operating procedures for heavy weather contributed to the loss of propulsion.”
    • “The loss of propulsion resulted in the vessel drifting and aligning with the trough of
      the sea, exposing the beam of the vessel to the full force of the sea and wind.”
    • “A lack of effective training and drills by crew members, and inadequate oversight by
      TOTE, Coast Guard and ABS, resulted in the crew and riding crew members being unprepared to undertake the proper actions required for surviving in an abandon ship scenario.”
    • “After 5:43 AM on October 1, the Master failed to recognize the magnitude of the
      threat presented by the flooding into the hold combined with the heavy weather conditions. The Master did not take appropriate action commensurate with the emergent nature of the situation onboard EL FARO, including alerting the crew and making preparations for abandoning ship.”

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    Our law firm, Goldsmith & Ogrodowski, LLC, focuses its practice on protecting the legal rights of commercial vessel crewmembers and their families. We are experienced at bringing lawsuits for negligence under the Jones Act and, under the general maritime law, claims for negligence, unseaworthiness, and maintenance and cure, when a crewmember has been seriously injured or killed.  We also represent passengers and families when an injury or death occurs aboard or involving recreational or commercial passenger vessels.

    If you have questions about this post or your or your family’s legal rights under admiralty and maritime law, call or write us for a free consultation at 877-404-6529, 412-281-4340, or info@golawllc.com. We invite you to learn more about our lawyers and our law firm on our website, http://www.golawllc.com.

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  • National Transportation Safety Board (NTSB) Releases 2016 Digest of Lessons Learned from 27 Major Maritime Casualties

    According to the NTSB press release (https://www.ntsb.gov/news/press-releases/Pages/PR20170727.aspx), “The lessons learned from the investigation of 27 major, maritime accidents involving loss of life, injuries and property damage are detailed in the National Transportation Safety Board’s Safer Seas Digest 2016, released online Thursday [7/27/17].

    The publication is a compendium of the marine accident reports that the agency adopted or issued during calendar year 2016. The 68-page Safer Seas Digest 2016 contains information that can help mariners at the deckplate level prevent future accidents, and, can help maritime industry C-suites build and sustain a culture of safety at sea.

    The lessons learned in the Safer Seas Digest 2016 are highlighted in 10 categories including Standard Maintenance and Repair Procedures, Operational Testing Procedures, Operating in Strong Currents, Familiarization with Local Recommendations, Bridge Resource Management, Safety Equipment and Access to High-Risk Spaces. The remaining three categories, Distraction, Fatigue, and Use of Medication While Operating Vessels, relate to issues on the NTSB’s Most Wanted List of Transportation Safety Improvements, highlighting the multi-modal nature of these threats to transportation safety.”

    The digest includes lessons learned from four towing vessel collisions and one towing vessel fire.  It also discusses the 2008 Memorandum of Understanding (MOU) between the NTSB and the U.S. Coast Guard as to which agency leads the investigation of any particular major marine casualty.

    You can download the pdf file containing the digest, which includes photographs of the involved vessels and which is attractive and professionally-produced, here:

    https://go.usa.gov/xRQgC

    * * *

    Our law firm, Goldsmith & Ogrodowski, LLC, focuses its practice on protecting the legal rights of commercial vessel crewmembers and their families. We are experienced at bringing lawsuits for negligence under the Jones Act and, under the general maritime law, claims for negligence, unseaworthiness, and maintenance and cure, when a crewmember has been seriously injured or killed. 

    We also represent passengers and families when an injury or death occurs aboard or involving recreational or commercial passenger vessels.

    If you have questions about this post or your or your family’s legal rights under admiralty and maritime law, call or write us for a free consultation at 877-404-6529, 412-281-4340, or info@golawllc.com. We invite you to learn more about our lawyers and our law firm on our website, http://www.golawllc.com.

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  • $400,000 Judgment for Seaman’s Pre-Death Fear and Conscious Pain and Suffering Affirmed on Appeal

    In McBride v. Estis Well Service, L.L.C., 2017 WL 1321979 (5th Cir. Apr. 10, 2017), Sky Sonnier, a crewman on a barge supporting a truck-mounted drilling rig operating in Louisiana navigable waters, was killed when the rig and truck toppled over, pinning him between the derrick and mud tank.  The Fifth Circuit Court of Appeals affirmed the district judge’s finding that Sonnier’s survivors were entitled to recover $400,000 in damages for the fear he experienced trying to avoid the impact and the few minutes of conscious pain and suffering he endured before he expired.  The appeals court wrote:

    “As to pre-death conscious pain and suffering, the pathologist who performed the autopsy on Sonnier testified that Sonnier could have been conscious and aware for up to five minutes after impact, but was more likely than not conscious for one to two minutes after impact. Moreover, witness testimony claimed that Sonnier was alive and gurgling blood shortly after impact, and the district court appears to have found this testimony credible.”

    The appellate court noted that the Jones Act enables a plaintiff to recover damages for pre-death pain and suffering, and that “[c]ompensable pain and suffering includes a victim’s ’emotional injury caused by fear of physical injury to himself.'”  For a plaintiff to recover damages for a decedent’s post-injury pain and suffering, “he ‘must prove, by a preponderance of the evidence, that the decedent was conscious after realizing his danger.'”

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    Our law firm, Goldsmith & Ogrodowski, LLC, focuses its practice on protecting the legal rights of commercial vessel crewmembers and their families. We are experienced at bringing lawsuits for negligence under the Jones Act and, under the general maritime law, claims for negligence, unseaworthiness, and maintenance and cure, when a crewmember has been seriously injured or killed.

    If you have questions about this court opinion, or your or your family’s legal rights under admiralty and maritime law, call or write us for a free consultation at 877-404-6529, 412-281-4340, or info@golawllc.com. We invite you to learn more about our lawyers and our law firm on our website, www.golawllc.com.

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