Washington Maritime Injury Lawyer Blog

Senators Maria Cantwell and Olympia Snowe can make fishing-vessel safety a priority

2009-09-08T17:45:00Z

Two senators are key to passing legislation requiring the first overhaul of inspections and standards for America's fishing fleets. They are on opposite coasts, from states that share rich maritime traditions.

Washington Sen. Maria Cantwell chairs the Oceans, Atmosphere, Fisheries and Coast Guard Subcommittee of the Senate Commerce, Science and Transportation Committee. Maine Sen. Olympia Snowe is the subcommittee's senior Republican member.

The Senate has been the catch basin of vessel-safety legislation, and it will take a concerted effort by these two lawmakers to address a basic flaw in managing an industry with the nation's highest worker fatality rate.

The allure of danger associated with commercial fishing has made Discovery Channel’s reality show, "Deadliest Catch," one of the most viewed cable programs. Viewers are promised that "the seas are rougher, the stakes are higher," for the captains and their crews.

The Senate becomes the focal point even before legislation leaves the House. A similar bill was voted out of the House in 2008, only to disappear in the Senate.

A key difference, noted by Seattle Times reporter Hal Bernton in a June 28 article, is the amount of time and interest invested by Minnesota Rep. James Oberstar, chairman of the House Transportation and Infrastructure Committee.

Oberstar, a longtime champion of safety for workers, saw the deadly gap in attempted safety measures: fishing-vessel construction standards. The House bill looks at construction, design, maintenance, and operating standards for new vessels. Safety standards are phased in for older boats, and a 2020 deadline has been set for all vessels to meet.

The Coast Guard found that between 1992 and 2007, 55 percent of the 934 U.S. fishing-vessel deaths were attributed to boats capsizing, sinking, or flooding. Also during that same time period, most fatalities occurred on vessels between 50 and 79 feet long. Even so, no safe operating guidelines exist, naval architects do not need to approve new boats, and all vessels are inspected on a voluntary basis.

Although survival rates have increased over the years, it took horrible disasters to require emergency survival suits, beacons, and Coast Guard-approved life rafts. Commercial fishing is 28 times more hazardous than regular jobs, and many times more dangerous than logging, the next-deadliest industry.

A well-researched piece of legislation will go before the House this summer, and the likelihood of its passage remains strong.

The legislative hazard exists in the Senate. Cantwell and Snowe have an opportunity to make a lifesaving difference for everyone involved.

F/V KATMAI Sinks -- Seven Crewmembers Perish

2008-10-27T23:03:00Z

Another tragedy has struck the Alaska fishing fleet. The KATMAI, a 93-foot head and gut fishing vessel capsized and sank in the Aleutian Islands early in the morning on Wednesday, October 22. It now appears that only four of the KATMAI's eleven crewmembers survived.

The last communication from the KATMAI was an e-mail reporting incursion of water into the lazerette, followed by loss of steering. Shortly thereafter, the vessel foundered in the trough of 20-foot seas and capsized, casting her crew into the 43 degree waters of the North Pacific.

The Coast Guard has begun hearings in Anchorage to investigate the KATMAI sinking. There will be an opportunity to determine the cause of this unspeakable catastrophe. For now, all of us associated with the maritime industry in the Pacific Northwest can only convey our condolences to the families and friends of those who have perished.

Obama and Biden Will Protect Your Rights!

2008-09-06T00:20:10Z

Vessel crewmembers are working people. They don’t benefit from tax cuts for the wealthiest Americans. They need the benefits and protection sought by labor unions and the party of labor, the Democrats. They need affordable health care and Social Security. They need good public schools for their children. They need an intelligent energy policy and environmental protection. They need the right to organize and the right to fair compensation when they are injured.

The Republican party has been in control of the federal government for eight years, during which time no progress has been made to meet the needs of vessel crewmembers.

The cost of health insurance has sky-rocketed. Social Security is in jeopardy. Public schools have languished. There has been no concerted effort to deal with problems of energy and the environment. The Republicans continue to mount their attack upon labor, often under the guise of tort reform which would erode the injured seaman’s right to compensation.

Anderson, Connell & Carey has been fighting for the rights of injured seamen for more than 30 years, in the courtroom and in the public square. In 1986, Dave Anderson actively opposed so-called “tort reform” and urged seamen to do likewise.

]]> This year, our law firm is supporting the Obama–Biden ticket and we urge seamen to do the same. If McCain and Palin are elected, they will nominate Supreme Court justices likely to diminish the rights of labor, including vessel crewmembers. Past Republican nominees have been instrumental in depriving the families of deceased seamen of full compensation for their loss. They have also opposed punitive damages for the failure of shipowners to provide maintenance and cure to injured seamen.

Anderson, Connell & Carey maximizes compensation to its clients under the law. The state of the law, however, is a result of the political process. In myriad ways, the Democratic party seeks to influence that process in favor of working people.

To vessel crewmembers voting on November 4, 2008, we say: If you are compelled by opposition to abortion or gay marriage to vote Republican, so be it. But if you want to protect your legal rights, you should vote Obama-Biden.

Exxon Plaintiff's Frustrated by Dramatic Cut in Damages

2008-08-27T18:52:47Z

The Supreme Court reduced the payout from $2.5 Billion to $507.5 and Exxon Denies Interest is owed. The Supreme Court has left Alaska Fishermen reeling from the June decision reducing the judgment dramatically. Claimants have waited twenty years only to learn that the amount of their compensation has been arbitrarily reduced. Prince William Sound has yet to recover its herring fishery, and salmon prices have never attained the levels before the spill. Residents of Prince William Sound still report finding oil on the beaches near their homes. Citizens and fishermen alike believe that the court's ruling sends the wrong message to corporations. Fishermen in Homer, Cordova, Kodiak and other towns rimming the gulf of Alaska view the ruling as a hand out to big oil and an abandonment of the people's right to punish wrongdoers.

Fishing industry still strong and vital

2008-08-12T05:44:23Z

Anderson, Connell & Carey has being fighting to improve fishing vessel safety for 30 years. We have fought hundreds of lawsuits to penalize vessel owners for negligence and unseaworthy conditions. To date governmental regulation has been limited. For decades industry lobbyists have opposed inspection of fishing vessels and license requirements for shipboard personnel.

The fishing industry and fishing-related jobs have kept 11,836 people employed on Port of Seattle properties, proof that maritime activity is as vital to Seattle’s economy as it is to its heritage.

]]> Data from the "2003 Economic Impact Report of the Port of Seattle Seaport” shows that the annual income for commercial fishing industry jobs tied to Port properties was about $72,000. Port facility fishing business has generated more than $846 million locally in wages and salaries, more than $83 million in local and state taxes, and more than $113 million in local purchases.

This report also included other properties tied to the Port, such as the Maritime Industrial Center and Piers 90 and 91, which cater to large catcher-processor vessels and cold-storage facilities.

Between the three properties, the Port has invested more than $111 million in improvements that benefit Seattle's commercial fishermen who use the facilities to tie up, store, and maintain their boats.

Located on Seattle's Ship Canal, which connects Lake Washington with Puget Sound, Fisherman's Terminal has been home to the North Pacific Fishing Fleet for over 90 years. The Terminal has more than 700 commercial fishing boats and workboats, as well as 371 separate mooring slips. It is also the center of a bustling commercial district with restaurants, marine brokerage houses, shops, banks, and more.

To find fresh fish in Seattle, one only has to go as far as Fishermen's Terminal. Seafood can be bought directly from the fishing boats or from the adjacent market that provides a range of services to customers visiting the Terminal.

Currently, the Terminal is undergoing some changes. The Seattle Fishermen's Memorial, which commemorates those who have lost their lives at sea, has been moved to accommodate construction. Once the docks are reconfigured for new fishing vessel sizes, and the electrical system is updated, the Memorial will be back in its original spot—and the Fisherman's Terminal will continue to enjoy the distinction as a first-rate facility.

At Pier 91, the much needed dock replacement has created a safer and more fluent working environment for dockworkers, including commercial fishermen who bring in their daily catch and truckers who bring provisions to the fishermen. Furthermore, the replacement of creosote-coated wooden pilings and pier decking with more environmentally friendly concrete makes the water surrounding the piers more hospitable to sea life.

Activities open to the public at or near the Port docks include Seafair Fleet Week and Fishermen's Fall Festival. Every year during Seafair, the Port hosts the U.S. Navy, which opens up several of its ships for public viewing. This Pacific Northwest tradition showcases a strong naval and maritime heritage.

Fishermen's Fall Festival, a daylong celebration, honors commercial fishing and the people involved in the industry. The Festival's proceeds go to the Seattle Fishermen's Memorial Committee, a nonprofit organization that provides aid to families who have lost loved ones at sea.

New Generation of Alaska Republicans

2008-07-31T17:49:37Z

Politics in Alaska is a brand new game for both Democrats and Republicans. The change comes on the heals of the recent indictment of long time Alaska Senator Ted Stevens. Two years ago, Ted Stevens was still the powerful long ruling senator from Alaska, delivering billions of federal dollars to his home state, when federal agents raided the offices of six state legislators. One of the state legislators was Ben Stevens, the senator's son. The implications of this turn of events was staggering. The elder Stevens could be implicated. Change in Alaska came quickly. Sarah Palin, a young political upstart, was elected governor, and soon after Ted Stevens and the Republicans ceded control of the US Senate to the Democrats. Following Ted Stevens' recent indictment it is suddenly a new generation of fellow Republicans who hope to control the state of Alaska. Although Republicans have long dominated the state of Alaska, their corruption, and overall lack of understanding of the world, has made it less likely that they will be able to cling to power.

]]> Democrats, often only bit players in Alaska, see an opportunity to take a Senate seat for the first time in decades. For years Alaska has been dominated by Republicans. As a consequence of this, they have had little to counterbalance the corruption and ignorance that are the hallmarks of their right-wing ideology. While the electorate is not pleased with Mr. Stevens, he is still expected to win reelection in the November election. However, Mr. Stevens will be hard pressed to continue to serve in the Senate if he is convicted of the multiple felony charges that he faces. Other Republicans and Democrats are licking their chops at the prospect of taking over the long standing establishment that Mr. Stevens and his family have created.

Fishermen Say Data Doesn't Represent Stock

2008-07-24T21:49:33Z

Fishermen believe that they observe large gaps in the biological data that is to be used in updated Atlantic King Mackerel stock assessment. The new stock assessment does not line up with what we are observing, states Kelly Schoolcraft a fisherman from North Carolina. The new stock assessment is scheduled for review and completion later this year. The Science and Statistics Committee plans to provide the South Atlantic council with a new total allowable catch for the fishery at the December meeting.

Grounding of Alaskan Vessel Fault of Captain

2008-07-23T21:06:35Z

The National Transportation Safety Board ("NTSB") has determined that the reason that the Empress of the North ran aground on July 23, 2008 was the negligence of the captain. The captain allowed an inexperienced, newly licensed junior third mate to the bridge watch from midnight to 4 a.m.. The NTSB commented that the decision of leadership on the vessel failed to consider every option as critical decisions were made. The NTSB recommended that the Passenger Vessel Association ("PVA") inform its members about the accident and the circumstances giving rise to the casualty.

Department of Transportation Offers Salvage Bonus

2008-07-18T21:08:43Z

On Friday, the Department of Transportation and Communications (DOTC) offered a bonus to a salvage contractor to retrieve industrial fuel and dangerous chemicals inside the sunken M/V Princess of the Stars. The ship sank somewhere near Roblon Province. The company Titan Salvage, is owned by Crowley Maritime Corporation. Crowley Maritime Corporation is the largest maritime service corporation in the world with its headquarters in Florida. Government officials are concerned that the sunken vessel could cause considerable environmental damages owing to the toxic chemicals aboard. Because of the potential harm the DOTC is considering tightening regulatory controls on freight forwarders.

Factory Trawler Owner Seeks Limitation of Liability

2008-07-14T20:10:31Z

The owners of the ill fated fishing vessel the Alaska Ranger have begun legal maneuvering to avoid liability for the deadly sinking in March. The lawyers for the Fishing Company of Alaska ("FCA") have invoked an archaic piece of maritime law that limits the amount of money that can be sought by survivors or the families of the dead. In order to prevail, the owner of the vessel must show that the vessel was seaworthy, properly manned and equipped, and that the owner had no prior knowledge of the problems that ultimately sunk the ship. Crew members have related stories of drunk officers, power struggles, water below deck and leaking watertight doors. Given these facts, it appears unlikely that the defendant will be successful in its efforts to limit liability.

Punitive Damages in Maritime Law

2008-07-13T20:31:44Z

The United States Supreme Court ruled recently on several issues related to maritime casualty. The opinion, Baker v. Exxon Shipping Co., deals with the availability of punitive damages under maritime law. Prior to this decision, the Supreme Court had yet to directly rule on whether punitive damages are appropriate under some circumstances. Before this ruling, it was generally believed that punitive damages can be awarded for tort damage to property. Exxon v. Baker looked also to studies of punitive damage awards in civil matters and found that there was a median ratio of 1:1. The Court held that the conduct of Exxon Shipping Co. was not one of "exceptional blameworthiness." Under these circumstances a 1:1 ratio is a fair upper limit in such maritime cases.

Insurance Industry Cited for Bad Business Policies

2008-07-10T22:09:04Z

The rankings show a pattern of insurance industry avarice amongst 10 companies that refuse to pay just claims, reward executives with extravagant salaries, employ hardball tactics against their own customers, and unjustly raise premiums while hoarding tremendous profits. Ranked number one as the worst was Allstate. For example, in the 1990's Allstate contracted with McKinsey & Co. to force consumers to accept low-ball claims or face litigation. Allstate told agents to lie and blame fires on arson, and in turn, were rewarded with gifts and cash rewards.
Number two on the list was Unum. Unum, a disability insurance company purposefully denied just claims in order to maximize profits. In one instance a woman who had multiple sclerosis was forced to wait three years before she was given benefits to which she was entitled.

]]> Number three on the list was AIG, the world's largest insurer. According to commentators, AIG has engaged in massive fraud and claims abuses.

Number four on the list was State Farm. State Farm's true motives became apparent during Hurricane Katrina where State Farm consistently denied valid claims of policy holders.

Number five on the list was Conseco. Well known in the industry for a policy to make it so hard on claimants that they either died or gave up.

Number six on the list was Wellpoint. Wellpoint was exposed to have an internal procedure for canceling policies of pregnant women and chronically ill patients.

Number seven on the list was Farmers. Farmers offered pizza parties for adjusters who met low claims payment goals.

Number eight was UnitedHealth. The SEC opened an investigation into former UnitedHealth for back dating stock options.

Number nine was Torchmark. Torchmark has preyed on low income Southern residents and charged minority policy holders more than whites on burial policies.

Number ten was Liberty Mutual. Like Allstate and State Farm, Liberty Mutual hired consulting giant McKinsley to adopt aggressive no pay tactics.

The insurance industry takes in over $1 trillion in premiums every year. It has $ 3.8 Trillion in assets, more than the GDP of every country in the world except for the United States and Japan. The insurance industry is regulated, but obviously more needs to be done to reign in abuses. If nothing is done, the rights of consumers will continue to play second fiddle to insurance company profits.