The tragic loss of the Duck Boat with 17 persons, including children, will trigger investigations by the National Transportation Safety Board and the Coast Guard. Civil litigation will follow, likely including a pro-active filing of the owner of the Duck Boat under the controversial Limitation of Liability Act (LOLA) 46 U.S.C. § 30506. This statute allows a vessel owner to petition a federal court to limit its liability to the post-accident value of the vessel. In this case the value of the Duck boat is zero. In such cases, the LOLA triggers a statutory floor increasing the amount of recovery to $420.00 per ton. To put this in perspective, the sinking of the 30,000-ton container ship EL FARO during Hurricane Joaquin resulted in a fund amount to about 13 million dollars. Since the tonnage of duck boats is relatively small, perhaps no more than 10 tons, the value of the limitation fund would be about $4,200.00 - a ridiculously insignificant amount to be shared by all the claimants.
Oil tankers bring valuable resources to New York but working on them is not without some form of hazard. At Tabak Mellusi & Shisha LLP, we know that the wrong action can result in the death of a loved one or in severe injuries. If you work on an oil tanker, you should be aware that there are several ways you can protect yourself from unnecessary harm during a cargo operation.
If you look through a collection of old and new pictures of life on the water around New York City, you cannot fail to notice the tugboats. These small but tough little vessels are responsible for towing larger ships out to sea and into port, but they can also be a risky place to work, leading to serious injury and even death. Our staff here at Tabak Mellusi & Shisha LLP know only too well the heartache that these boats can leave in their wake when someone is killed while trying to do their job.
Commercial fishing is a large industry and presents a number of opportunities for people in New York. However, you should be aware of the risks associated with this type of occupation and one of the risks is that the vessel will sink. If it does, are there ways that you can protect yourself from drowning?
At Tabak Mellusi & Shisha LLP, we know that ship environments can be dangerous even in the best weather conditions. If you have lost a loved one as the result of an accident on a ship, then you may be able to file a civil lawsuit against the responsible party under the Death on the High Seas Act. According to Cornell University Law School’s Public Information Institute, the act is in effect if the fatal accident happened at sea and the distance from the accident to a U.S. shore was more than three nautical miles.
With so many unknown and constantly changing variables, on a daily basis; the men and women who work aboard boats and sea vessels of all sizes put their health, safety and very lives at risk. Residents in the New York City area were recently reminded of just how dangerous this line of work can be after an accident on the Hudson River claimed the lives of three tugboat crew members.
As you may or may not know, ship owners are required by law to maintain their vessels to ensure the safety of their crew. This includes everything from ensuring safe working conditions to repairing any unsafe equipment or mechanical parts on the ship. Failing to do so, as you can imagine, can have dire consequences for a ship owner and his or her crew.
The recent string of terrorist attacks are not just concerning to people here in the United States, they're alarming to the rest of the world as well. Knowing that an attack can happen anywhere and at anytime is very disconcerting, especially because they oftentimes end in injury or even death.
The search and rescue mission to save passengers from the capsized Chinese ship the Oriental Star, has now largely turned into a recovery operation as hopes of finding survivors dim. At the time the river boat capsized, it was traveling on China's massive Yangtze River near the country's Three Gorges Dam with a total of 456 people onboard.
Just over two weeks ago, a family's cruise vacation became a nightmare when their 10-year-old daughter drowned in one of the ship's swimming pools. The family was aboard the Norwegian Gem, which left from New York and was on its way to Florida and the Bahamas.