Personal Injury Law

NTSB blames captain, staff for ship accident

Posted on January 12, 2008
Bad steering, improper training caused 2006 Crown Princess' tilting ORLANDO, Florida - Improper training and bad steering by the second officer on a Princess Cruises ship caused the vessel to tilt suddenly in 2006, injuring almost 300 people, the National Transportation Safety Board determined Thursday...

Maintenance Blamed in '03 Cruise Blast

Posted on January 11, 2008
A boiler explosion that killed eight crew members on what was once the world's largest passenger ship was likely caused by Norwegian Cruise Line's improper operation, maintenance and inspection of the steam chamber, federal investigators said. Part of the boiler on the SS Norway had "extensive fatigue cracking" and deteriorated materials that weakened the metal and caused it to rupture under the intense steam pressure in May 2003, the National Transportation Safety Board said in a report quietly adopted in October...

The Morning Show With Mike and Juliet - Unsafe on the High Seas

Posted on January 08, 2008
Video clip of The Morning Show With Mike and Juliet segment "Unsafe on the High Seas" View Clip [Windows Media] Airdate: January 8, 2008 Subject: Unsafe on the High Seas Program: The Morning Show With Mike and Juliet

Maritime lawyer Charles R. Lipcon publishes new book about the Cruise Industry

Posted on December 26, 2007
Look for the release of "Unsafe on the High Seas" by Charles R. Lipcon of Lipcon, Margulies and Alsina P.A. This eye opening book will help the public discover the reality the cruise industry doesn't want them to know about: Sexual Assaults, Shipboard Disappearances, A Pattern of Cover-ups, Noroviruses, Unaccredited Doctors, Inadequate Security and the Binding Ticket Contract...

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Under the Limitation of Vessel Owner's Liability Act, court granted a tug owner partial summary judgment against bridge owner after the tug collided with bridge where the bridge owner could not establish the tug's unseaworthiness or negligence of tug's ca

Posted on November 01, 2007
IN THE MATTER OF THE COMPLAINT OF SEA WOLF MARINE TOWING AND TRANSPORTATION, INC., AS OWNER OF THE TUG SEA WOLF FOR EXONERATION FROM OR LIMITATION OF LIABILITY UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2007 U.S. Dist. LEXIS 82565 November 6, 2007, Decided PROCEDURAL POSTURE Petitioner, an owner of a tug, moved for partial summary judgment pursuant to the Limitation of Vessel Owner's Liability Act (Act), 46 U...

Seaman, who worked as a bedroom/galley hand on vessels operated by his employer, was entitled, in accordance with the Jones Act, to maintenance and cure, damages for pain and suffering, and damages for economic losses where he was injured in transport bet

Posted on November 01, 2007
TROY DOUSE, Plaintiff-Appellee v. GLOBAL PIPELINES PLUS, et al., Defendants-Appellants UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 2007 U.S. App. LEXIS 25530 November 1, 2007, Filed PROCEDURAL POSTURE Appellants, an employer, an insurer, a vessel owner, and others, sought review of a judgment from the United States District Court for the Eastern District of Louisiana, which found that appellee seaman was entitled to maintenance and cure through the present, future maintenance and cure, past and future pain and suffering, and past and future economic losses...

Seaman's motion under Fed. R. Civ. P. 60(b) was improperly denied without evidentiary hearing after his Jones Act case was dismissed pursuant to a purported settlement. The record did not indicate that seaman had an informed understanding of his rights un

Posted on November 01, 2007
JAMES BRAD STEVERSON, Plaintiff-Appellant, v. GLOBALSANTAFE CORPORATION, d/b/a GLOBALSANTAFE DRILLING COMPANY, Defendant-Appellee. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 2007 U.S. App. LEXIS 26559 November 15, 2007, Filed PROCEDURAL POSTURE Plaintiff seaman appealed a decision of the United States District Court for the Southern District of Mississippi, which denied the seaman's motion brought under Fed...

District court did not err in finding that yacht owners were entitled to exoneration under 46 U.S.C.S. § 30505 in connection with damage sustained by dock when yacht broke free from its anchorage during a hurricane where owners showed that damage could n

Posted on November 01, 2007
DAVID T. FISCHER, individually, ALFRED J. FISHER, versus Plaintiff-Appellant, Intervenor-Plaintiff-Appellant, S/Y NERAIDA, her engines, tackle, rigging, dinghies, equipment, appurtenances, furniture, etc., in rem, NERAIDA CO., L.P., a Michigan Limited Partnership, PETER SIAVRAKAS, in personam Defendants-Intervenor- Defendants-Appellees...

The estate of a decedent was limited to recovery of only pecuniary losses as a matter of law against the manufacturer of a vessel that sank, killing the decedent, because the estate expressly premised its claim on 46 U.S.C.S. § 30104(a) as the decedent w

Posted on November 01, 2007
In the Matter of the Complaint of COZY COVE MARINA, INC., as Owner of a 35' CAROLINA CLASSIC MOTOR VESSEL, HULL ID NO. CAR3509A506, FOR Exoneration from or Limitation of Liability. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA, EASTERN DIVISION 2007 U...

No Love (for the Sick) Boats

Posted on October 26, 2007
More than 40 medical malpractice lawsuits have been filed against Florida cruise ship companies over the last decade, but nearly all have floundered in court or been dismissed, the WSJ?s Stephanie Chen reports. In the suits, passengers claim they were hurt as a result of poor medical care or that ship doctors made injuries worse...

Charles R. Lipcon interviewed on BBC Radio

Posted on October 11, 2007
View Clip [Windows Media]

ALTHOUGH DISTRICT COURT ARTICULATED CORRECT STANDARD TO DETERMINE WHETHER AN ARRESTING PARTY WAS ENTITLED TO A WARRANT OF ARREST, IT IMPROPERLY TURNED SUPP. R. CERTAIN ADM. & MAR. CL. E(4)(F) HEARING INTO A MINI-TRIAL AND POSED A MUCH HIGHER BURDEN THAN W

Posted on October 01, 2007
PDS GAMING CORPORATION, Plaintiff-Counter-Defendant-Appellant, CDD ENTERPRISES, INC., et al., Intervenors-Plaintiffs, versus M/V OCEAN JEWELL OF ST. PETERSBURG, Official Number 7625823, her boats, engines, tackle, apparel, furnishings, equipment and appurtenances, in rem, et al...

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