Missouri Personal Injury Lawyer Blog

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" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Barge Accident

Bookmark:

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" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Barge Accident

Bookmark:

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" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Barge Accident

Bookmark:

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" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Barge Accident

Bookmark:

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" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Barge Accident

Bookmark:

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" »

Posted by John J. Page | Permalink | Email This Post

Posted In: Barge Accident

Bookmark: