By: 1-800-OBRYANS on October 23, 2014

The Jones Act is a negligence statute that allows Jones Act lawyers to fight for the rights of injured or ill seamen. It also gives a seaman the right to expect a safe place to work.  If a crewmember goes overboard because of the negligence of the employer or any of its employees, or the failure of …

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By: 1-800-OBRYANS on October 22, 2014

We have been fielding numerous calls from cruise-goers concerned about Ebola. The general maritime law covers this situation, as it does any communicable disease. If the shipowner knows or should know, about any passenger who is exhibiting Ebola-like symptoms, a shipowner has the duty to investigate …

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By: 1-800-OBRYANS on June 12, 2014

Mariners both professional and recreational are required by law to maintain proper “look-out.”  This proposition begs the question, “what is a proper look-out?” International Navigation Rules of the Road, apply to all vessels upon the high seas and in all waters connected therewith navigable by seag …

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By: 1-800-OBRYANS on June 4, 2014

In a very recent decision, Tandon v Captain’s Cove Marina of Bridgeport, Inc., 214 US App. LEXIS 9265 (2nd Cir. Con. May 19, 2014), the Second Circuit Court of Appeals applied the test for admiralty jurisdiction established by the US Supreme Court in Jerome B. Grubart v Great Lakes Dredge & Dock …

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By: 1-800-OBRYANS on June 3, 2014

The U.S. Senate cleared for President Obama’s signature a $12.3 billion water-project/dredging bill that lawmakers said would boost dredging to accommodate bigger ships built to transit the Panama Canal. The measure passed 91-7, it is on track to become the first water infrastructure bill enacted si …

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By: 1-800-OBRYANS on May 17, 2014

The US Coast Guard just released its 2013 Recreational Boating Statistics revealing that 560 boating fatalities occurred that year.  While this represents the lowest number of boating fatalities on record, it is nevertheless a very sobering statistic.  No pun intended, as alcohol continues to repres …

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By: 1-800-OBRYANS on May 16, 2014

In the event of an injury, as a maritime worker, it is often confusing as to whether you are entitled to an injury claim for benefits under the Longshore and Harbor Workers’ Compensation Act, 33 USC §901, et seq., or monetary damages pursuant to the Jones Act, 46 USC §30104 and the General Admiralty …

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By: 1-800-OBRYANS on May 14, 2014

A terrible accident occurred on the Trinity River near the Chambers-Liberty County line in Texas: A father from Daytona was driving his boat with his family on Mother’s day when tragedy struck. He was pulling his 3 children in an inner tube. As the boat was rounding a turn, it hit a partially submer …

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By: Kirk Karamanian, Esq. on May 7, 2014

In a recent case, the Fifth Circuit analyzed the “functional component” prong of its situs test for jurisdiction over Longshoremen and similar workers, concluding that the area where claimant was injured was not used in the vessel unloading process and therefore was not a covered situs under the Act …

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