Man Overboard: Drownings in Jones Act Cases

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Two of the scariest words you can hear while on the water are the dreaded, “Man overboard.”  Now imagine working  aboard a boat and a crew member falls overboard.  Do you know what to do if you hear those terrifying words?  Worse yet, what if it is you who has gone over?  Do you think you know what to do to ensure your safety?

Let’s start with some basics.  Of course, prevention is always best, so be sure to take some basic precautions.  Now some of these may seem to be common sense to a seamen, but they certainly are not common for everyone.  Let’s start with bare feet.

Bare feet may appear acceptable, especially if you are not on a work boat; however, even if you’ve just gone for a swim, once you’ve dried off, be sure to put something on your feet.  Deck gripping footwear is ideal, but if not, at least put something on that can combat the wet fiberglass, which can very slippery.  Also, don’t let anyone dangle their feet over the side as the boat is in motion.

If you have anchored and are at a complete stop, dangling your feet can be relaxing and safe, but when in motion, it is best to not put yourself in danger of falling off the vessel.  You may ask, “Even someone like me, who has years of experience on the water, and know when we are traveling too fast for me to hang off the end?”  Yes my friend, even you.  Accidents happen, and whether you pass out from heat exhaustion, have a heart attack, or any other number of things that may happen in which you pass out or just simply fall over, there’s a very real possibility that no one will notice for quite some time.  And I don’t care how long you’ve been a seamen, treading water is extremely dangerous.  Likewise, when you are out at sea it is much easier to relieve yourself over the side of the ship, as opposed to going to find the latrine; but, one of the most common causes of a crew member drowning is when urinating over the side of the vessel.  With that in mind, it’s best to take the extra time to find the rest room than to chance going overboard.  Plus, it’s just plain gross.  Your kids may go swimming in that.

Moving on, let’s say somehow someone still ends up in the water.  What should you do?  Turn the wheel headed for the side over which the person fell overboard, and wait until your heading has changed by 60 degrees.  Then, if you reverse the rudder and come around 240 degrees, you should be on a mutual course with the person in the water.  Ideally, the victim will be unhurt and may be able to board again using a swim ladder.  A Lifesling is a device that can be used, but if the person in the water is unconscious, it will not be nearly as effective, if at all.  Another important thing to remember is location.

There are lots of things that could happen as you try to rescue someone from the sea, so it’s important to have some systems on the ready.  First off, if you have a GPS receiver, as soon as you recognize an emergency you should press the MOB button, which can be an effective location point in case you lose sight of the victim.  Keeping that in mind when faced with an emergency can easily mean the difference between life and death.

Lastly, all vessels should have some sort of instantly deployable crew-overboard rig available.  Depending on the size of your boat, these can vary in size and style, but having at least some sort of personal flotation device is essential in just such an instance.  Remember, being on the water can and should be an enjoyable time, but whether at work or at play, having some basic safety guidelines in mind are your best way to safeguard against easily avoidable incidents. And remember, if this happens to you or someone you know and you need an experienced Jones Act lawyer, then contact O’Bryan Baun Karamanian today.