California Attorney General Xavier Becerra is helping lead a coalition of 14 state attorneys demanding the Environmental Protection Agency (EPA) strengthen the asbestos reporting rule as part of the Chemical Data Reporting Rule under the Toxic Substance Control Act. “It’s widely known that asbestos is one of the most harmful chemicals known to humankind,” said…
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…
A Bellingham, Wash., couple was instrumental in the rescue of a man adrift for 26 hours in a plastic fish bin in Alaskan waters last month. Tele Aadsen and Joel Brady-Power may have saved 19-year-old Ryan Harris, who was afloat in open seas after his boat capsized northwest of Sitka, Alaska, The Bellingham Herald reported…
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…
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…
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….
Without a showing of any fault, a shipowner under general maritime law has a duty to provide maintenance, cure, and unearned wages to a seaman who becomes ill or is injured while in the service of the ship. Aguilar v. Standard Oil Co., 318 U.S. 724, 730-31 (1943). “Maintenance” is traditionally defined as a “living…
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The Superior Court of New Jersey in Latter v. 3M Company, No. L-10370-08, 2015 WL 868048 (March 3, 2015) reversed the trial court’s grant of summary judgment against a deceased seaman, Mr. Henry Latter. Mr. Latter died from mesothelioma as a result of asbestos exposure which Mr. Latter alleged occurred in part while he was…
After an accident, your world can quickly turn upside down. With the stress of worrying about your injuries and your ability to work, you may inadvertently do something that can hurt your future legal case. There are actions and inactions that can impact your chances of receiving reasonable compensation for the losses caused by your…
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Past Client of BoatLaw Commercial Fisherman, Southeast Alaska
