Injured seamen are entitled to maintenance, cure and unearned wages, regardless of fault. The shipowner’s duty to pay these benefits is a “sacred obligation.” Willful breach of the obligation gave rise to a claim for punitive damages. In 1990, however, the U.S. Supreme court decided the case of Miles v. Apex Marine Corp., 498 U.S….
Early reports indicate that the deadly Hong Kong collision involved classic forms of malfeasance on the part of vessel operators. Included among likely causes were: 1. Failure of shipboard personnel to secure watertight hatches while a vessel was underway . 2. Failure to observe nautical rules of the road, as neither vessel gave way until…
On Friday, October 5, 2012, Donald Hatch, an Edmonds resident, was killed when a yacht collided with his small boat during a fishing outing off Seattle’s Shilshole Bay. The United States Coast Guard confirmed Hatch died after a 44-foot cabin cruiser, the SHELMAR, collided with his 16-foot aluminum skiff. Family members received confirmation of the…
The U.S. Coast Guard has reported that five fishermen were rescued from an island south of Kodiak early this morning after their 58-foot-long fishing vessel struck a rock and started taking on water. According to Coast Guard spokesperson Petty Officer 1st Class David Mosley, the crew of the KODIAK ISLE contacted watchstanders just after midnight…
The U.S. Coast Guard rescued three crew members this morning who abandoned their burning fishing vessel, the 35-foot HAVANNA, and set out on a life raft about 17 miles west of Cannon Beach. An MH-65 Dolphin helicopter crew flew up from Air Facility Newport to make the rescue. It located the three survivors in the…
This is the 50th anniversary of the “Columbus Day Storm,” the most powerful extratropical storm of all time. It is an appropriate moment to contemplate the significance of fall weather patterns to the North Pacific marine industry. Many years ago, a partner at the maritime law firm of Anderson Carey Alexander was a principal of…
Two weeks ago, a collision killed 38 people aboard a passenger ferry near Hong Kong. Two days ago, nearly two dozen people survived the sinking of a tour boat in San Francisco Bay. The first incident was tragic, the second merely ominous. Both incidents should have been avoided with the use of current technology and…
As Hurricane Sandy pummels the East Coast of the U.S., there is much discussion of wind speed. The forecast is for 90 mile per hour winds. Wind speed has long been of interest and concern to mariners, since the resulting wave action can cause havoc at sea. Before the age of technology, and instruments capable…
Hurricane Sandy may have claimed its first American victims today as it sank a tall ship and washed away two crew members as they tried to board a life boat. Fourteen people were rescued from the floundering HMS BOUNTY early this morning and an urgent search is on in the churning seas for the two…
On Friday, November 2, an Alaska ferry worker was injured after a support cable snapped on the passenger loading ramp she was standing on at Bellingham Cruise Terminal, in Fairhaven. The female Alaska Marine Highway ferry ramp operator, who was not identified, was standing near the edge of the passenger ramp at 3:20 p.m., lowering…
There was no time that Nick was ever unavailable for me. That’s what I call a friend. That is somebody who cares.
Past Client of BoatLaw Commercial Fisherman, Southeast Alaska
