Missouri Personal Injury Lawyer Blog

A Missouri barge worker was recently killed near Cape Girardeau, Missouri. The 67-year old worker was cleaning an empty barge when he fell 20-25 feet into the uncovered rake barge. The man, who had been working with the barge company for three years, died on impact.

Currently, the barge company is investigating the Missouri barge accident. It is believed that an autopsy will uncover additional details relating to the man’s death. No Missouri barge accident lawsuits have been filed at this point.

Depending on the type of information discovered through the Missouri barge accident investigation, this accident may result in a Jones Act claim or wrongful death claim. The Jones Act, is a federal statute that details seamen’s rights, regulates water transport, and more specifically, restricts maritime commerce.

The Jones Act provides remedy for seamen injured through employment when employer negligence can be shown. In the case at hand, it would need to be proven that the decedent’s employer was negligent, which directly caused the injury suffered. The statute states, under 46 U.S.C. 688, et seq.: any sailor/seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action all statutes of the United States modifying or extending the common law right or remedy in cases of personal injury to railway employees shall apply.

Continue reading "Missouri Barge Accident Kills Man On-the-Job" »

With floodwaters recently rising across the Midwest, barge accidents are occurring more frequently and are causing serious damage. Barge crashes often cause personal bodily injuries and property damage. When a barge accident occurs, it is most important to seek medical attention. After you seek medical attention, contact Page Cagle, an experienced reputable barge accident law firm to fight for your rights. An experienced personal injury lawyer will work with you side by side to get you the compensation you deserve.

Barge accidents create many potential hazardous conditions. Barges are dangerous by nature in the sense that tugboats carry them. Barges have no engines and thus have no directional control if they are accidentally freed from their tugboat. Barges can be extremely destructive, destroying anything in its path if released.

However, those most often harmed in barge accidents are barge employees. When a barge worker is injured in the course of employment, the Jones Act is the law that mandates resulting lawsuits. The Jones Act runs along the same lines as worker’s compensation claims; however the Jones Act requires that employer negligence be proven, and this law may also allow injured workers to receive more compensation.

Continue reading "Missouri Barge Accident Injures Man On-the-Job" »

A Mississippi River barge accident that spilled over 200,000 gallons of oil into the river has ended up in court. Coast Guard investigations found that the towboat pilot on duty during the barge crash was improperly licensed and overworked when the accident occurred. The barge company was brought to court in a barge accident lawsuit, however, the tug pilot alleges faulty products caused the crash.

The tug pilot testified that radar and steering lever problems caused the crash. Specifically, he alleged these problems drew his tug into the path of the tanker he ultimately collided into. The allegedly malfunctioning radar was blamed for distracting the tug pilot from realizing his vessel was veering towards the tanker ship. The tug pilot claims after he realized he was headed for disaster, the steering wheel jammed and left him unable to change directions.

Barge accidents typically occur when barges are accidentally freed from tugboats, as opposed to tugboats being led in the wrong direction like this case. When barges are freed from tugboats, these large sea vessels are left open to veer into other sea vessels or static objects. Such barge accidents often cause severe injury and even death. It is also common to see barge employees injured in the course of employment aboard sea vessels.

Page Cagle is a St. Louis Injury Law Firm that aggressively represents people injured in maritime claims and employees injured through the course of barge work in Jones Act claims. For a free consultation, call us directly at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You pay nothing unless you recover. You can also email me at john@pagecagle.com or visit www.BargeAccidentLawGroup.com for more information.

According to Coast Guard surveys, the most common reason for on-water accidents, like barge crashes, is barge operator negligence. Miscommunication between crew members has also been noted to increases the risk of maritime crashes. Additionally, poor safety practices and procedures can greatly impact the instances of barge crashes.

A recent barge accident lawsuit was filed after a fatal maritime crash in Louisiana. The barge accident killed six, injured two and caused substantial fiscal damage. The accident occurred when a barge slammed into the high-pressure, underwater gas pipe. The pipe ruptured and caused a deadly explosion, killing and injuring barge employees.

Several personal injury lawsuits were filed after the fatal barge accident. The family members of those killed in the barge accident sued for wrongful death. Injured employees filed for personal injury claims under the Jones Act and even those employees who weren’t physically injured sued for extreme distress and emotional injuries from witnessing coworkers’ deaths.

The barge company filed a motion for summary judgment, saying there was not an issue of material fact at dispute in all of the alleged claims. However, the court disagreed and allowed the issues to be presented to the court. The barge company specifically argued the emotional injury claims and said they were without merit and not compensable under the Jones Act.

Continue reading "Maritime Accident, Explosion Results in 6 Fatalities" »

Every area of the law and every cause of action require certain elements for a successful lawsuit. These requirements are set to ensure expediency and accuracy in legal proceedings and to promote overall efficiency.

A recent barge accident case shows how failure to meet a legal definition in an element of a claim can impede the ability to succeed in a lawsuit. In this Jones Act case, the legal definitions of “seaman” and “sea vessel” were not adequately met, due to confusion in the definition of the element, barring the claim.

The Jones Act allows those injured during sea-related employment to recover for injuries sustained in the regular course/scope of work. In order to succeed on a Jones Act claim four basic things must be proven:

1. A seaman
2. Working on sea vessel
3. Is injured through
4. Employer negligence (that caused or contributed to injury)

Continue reading "Barge Accident Victim Denied Jones Act Claim" »

A recent barge accident off the coast of Vancouver, British Columbia severely injured a barge employee, leading to workplace safety investigations. In this case, barge workers were in the process of raising a small crane onto a larger barge when the mishap happened. What allegedly caused the injury was actually lack of proper training for the young barge employee, who was only 22 years old.

Allegedly the young worker was trying to shift a loose load on the smaller barge while helping a crane operator using a lift. The employee was holding onto the load, which was raised because of the crane, and when the crane was released the employee was thrown into the air over 30 feet. He was rushed to the hospital and sustained back and leg injuries.

After this barge accident led to workplace safety investigations, it was uncovered, allegedly, that the young employee only had 90 minutes of training before beginning barge employment. Extensive training prior to barge employment is typically required of barge employees because barge work is dangerous by nature and may involve several hazardous situations.

Barge employment accidents range from “slip and fall” incidents to chemical exposure and accidents between other sea vessels that cause injury. Under American law, when a barge employee is injured during the course of employment workers compensation is not provided as with other forms of employment.

Continue reading "Barge Worker Severely Injured in Barge Accident" »

Barge accidents can cause personal injury, severe damage and destruction. Barge accidents often occur when barges are accidentally freed from their tugboats and stream along without guidance, crashing into other boats, bridges and structures.

Employees aboard barges may also be injured in the course of barge crashes or simply though their course of employment at sea. When a barge employee is injured on the job, the Jones Act mandates ensuing lawsuits. The Jones Act is a law that covers all maritime/sea-based employees, and allows such employees to recover for injuries sustained through employer negligence.

A recent Jones Act lawsuit was filed by a barge employee against his employer, Bo-Mac Contractors, for injuries he sustained through work duties. The employee was a diver aboard the barge and claims to have suffered serious heart and lung injuries through diving instructions. The employee is further asserting that he has suffered great physical and mental pain, suffering and anguish and claims such injuries will continue to deteriorate the quality of his life for years to come.

The employer, Bo-Mac, is denying any liability in saying they provided safe work premises and were not negligent in any manner.

Continue reading "Barge Accident Attorney Vital to Jones Act Lawsuit" »

A boat in Belvedere Bay in Lake St. Clair crashed into a barge, killing three.

The 120 foot barge had lights on it and was being used for a nearby dredging project. Since the incident, the barge has been moved and tests concerning the boat's speed and if the driver had been drinking at the time of the barge crash are still pending.

When determining liability in a case such as that above, it is important to consider all factors involved in the scene, even those that may indirectly contribute to the accident. In the foregoing case the pending investigation dealing with the boaters speed and alcohol consumption could greatly impact determining liability, as well as the barge's location.

If the boat operator were found to have been intoxicated, fault may be determined on such information, possibly making him liable for damages. However the barge owners could also be found liable. Although the barge owners did not necessarily act in violation of the law, ultimately their barge placement would need to be evaluated to determine if they are liable in this accident at all. For instance, if the barge were in an area known to be heavy with pleasure boat traffic, a court may find that such barge placement should have been avoided by a reasonable person.

Continue reading "Barge, Boat Collision Kills 3" »

In New Orleans a federal judge recently awarded a former ship worker almost $6 million after a chemical solution burst from a hose while he was working on the ship and caused his personal injury. Over 45 percent of the man's body was burned due to the boat accident , and he was held in a burn center for a month.

This personal injury admiralty lawsuit involved the Jones Act. The Jones Act allows sea-based employees to be compensated for mishaps occurring from employer negligence. The Jones Act primarily intends to protect those working on ships from unsafe conditions and allows injured seamen to collect "total damages" for injuries resulting from such, including lost wages and pain and suffering. Under current admiralty/ maritime law, negligence under the Jones Act is:

"the failure to exercise the degree of care which an ordinary prudent person would use under the circumstances in discharging the duty that he owes to those who work on a vessel."

Proving an employer's negligence involves at least showing the employer should have reasonably anticipated the danger of bodily injury to a member of the crew. An experienced Missouri personal injury attorney will be able explain this in further detail during a free initial consultation.

In the foregoing case, the court found that the corporation should have known or anticipated bodily injury from chemicals aboard the ship; the corporation admitted liability and recognized they breached a duty owed to their employees.

Continue reading "Ship Worker Awarded $6 million After Shipyard Personal Injury" »

A barge accident suit settled for $4.5 million in Chicago after an employer failed to provide a safe workplace environment. The employee bringing suit had his leg crushed in between two barges. His leg had to be amputated above the knee to save his life.

When the accident occurred, the employee was still greatly inexperienced. His supervisor was giving him guidance and information about how to couple together two barges. As he waited for the two barges to come together before securing them, the employee attempted to step from one barge to the other when his foot slid out from under him. The barges came together with the employee's right leg crushed in between them.

The jury found the employee had not been properly trained in transferring between barges, and that the lighting conditions were inadequate. The jury also found hazardous work conditions, as the barges were covered in gravel. Further, the employer was a member of the American Waterways Operators (AWO) and was therefore required to follow general maritime laws and practices regarding marine operations, maintenance, and safety.

The AWO's program requires that companies, who belong to their organization, comply with certain safety regulations and obtain a third party audit to verify compliance with those AWO guidelines. In this case, such regulations would have included adequately training the workers, providing adequate lighting, and keeping the barges free of debris or gravel. The employer's failure to do such proved failure to provide a safe working environment, which led to the jury finding them as "unseaworthy" or negligent.

Continue reading "Barge Accident Suit Settled for $4.5 Million" »

A 299-foot barge carrying 31,000 barrels, or 1.26 million gallons, of kerosene from New Jersey to New York struck a reef in the Hudson River. The reef was only five feet below the river's surface and ruptured three of the barge's eight holding tanks during the barge accident.

The Coast Guard has classified this as a major spill, as it spans over 2 miles. Kerosene evaporates quickly, so although the fuel used in lamps and heaters can have harmful effects, in this instance 80 percent of the kerosene evaporated within 48 hours. The Coast Guard commented, however, that most hazardous materials are not as simple to contain.

Further, the Coast Guard stated carriers of hazardous materials should be more observant, as this barge accident could have been avoided. The specific channel here was a third of a mile wide, and the reef was clearly marked by a buoy and was also indicated on navigational charts. The Hudson River accident was allegedly the result of inexperienced captains unfamiliar with the river because, in addition to the size of the channel, weather conditions were perfect.

Although experience and familiarity are learned through time and trial, the Department of Homeland security has implemented certain regulations for barge personnel, specifically those dealing with hazardous materials using Vapor Control Systems (VCS).
Basically, because barges often carry hazardous materials, the vapor space in the cargo tanks of barges must be handled in a certain manner, as many may contain high levels of Volatile Organic Compounds (VOCs) and/or Hazardous Air Pollutants (HAPs).

Continue reading "Barge Accident Results in Major Kerosene Spill" »

In Muskogee, Oklahoma seven barges broke free allegedly due to equipment failure. The barges drifted into the US. 62 bridge over the Arkansas River after the rope holding the barges unraveled, and the lines between the barges gave way. Each barge was connected to another, which started a chain reaction in that the wire cables in between each barge that were supposed to hold them all together, allowed all seven barges to break lose.

Officials say the cables were new and should have held the weight of the barges, which led some to suspect that there may have been human error in connecting and securing the barges together with the cables. A Coast Guard spokesman said the cause of the Barge Accident is unknown and is still pending investigation. There was no significant damage to the bridge.

The United States Coast Guard has implemented a program in order to prevent or at least reduce human error in the course of employment. The Prevention Through People (PTP) program addresses operating safely in the maritime, focusing on human and organizational influences on maritime safety and system performances.

PTP requires constant and balanced interaction between the management, the work environment, the behavior of people, and the appropriate technology. PTP specifically addresses the human errors of inattention, failure to follow procedure, improper maintenance, inadequate training, and fatigue.

Such programs addressing risk management and awareness, along with the implementation of new training policies are frequently in response to deadly barge accidents that not only cause injury and monetary damages, but also create liability issues. Often, accidents occurring in the course of employment require legal assistance because the question of liability is difficult to discern.

Continue reading "7 Barges Break Free in Arkansas River" »

A jumbo hopper barge became wedged against a railway bridge in Burlington, Iowa along the Mississippi River after five barges broke loose and slammed into two bridges; it took 63 hours to free it after the barge accident.

Line boats and towboats were used to free the barge and help push it up the river. Allegedly, the barges broke free from a staging area upstream. The owners of the barges were unknown, and the barges were loaded with grain or coal. Although bridges are designed to absorb an impact, there was concern about the force of the impact following the Missouri barge accident.

In situations such as that above, insurance becomes very important in order to recover for loss where there isn't a specified cause or claim per se. Under the Corpus Juris Secundum, the following are Marine Insurance policy requirements in terms of giving notice and proof of loss to the insurer in order to be able to recover.

The giving of notice and preliminary proofs of loss is a condition precedent to a recovery under the usual form of marine policy. Notice of loss must be given as mandated by the insurance policy. Generally, notice of loss given by the insured to an insurance broker does not constitute notice to the insurance company without exceptional circumstances.

The requirements of giving immediate written notice and filing written proofs of loss and interest must be construed in accord with their purpose and with the reasonable expectations of the parties, and the insured is allowed a reasonable period in which to fulfill such requirements. Timely notice is given under the immediate notice requirement where the insured's broker leaves a recorded telephone message for the insurance company on the day of the occurrence, which may result in a claim, and later writes to the company to confirm the information.

Continue reading "Jumbo Barge Becomes Wedged Against a Railway Bridge" »