Boating Accidents

Blake R. David’s $5.4 Million Win for Maritime Client Under the Jones Act

August 19, 2024 | by Broussard, David & Moroux

Maritime law governs activities on navigable waters and includes the Jones Act, a sector specifically created to protect seamen. The Jones Act federally regulates maritime commerce in the United States and, although originally intended to protect seamen, its effectiveness has eroded over the years due to various factors. Today, seamen face a perilous landscape if they are injured due to a company’s negligence while aboard a vessel.

Despite this challenging environment, our partner Blake David continues to represent clients in maritime cases that are covered by the Jones Act. Blake has moderated and lectured at many Louisiana maritime conferences over the last two decades, including the Louisiana Association for Justice’s(LAJ) High Stakes on the High Seas Maritime Law Conference and the Louisiana State Bar Association’s Admiralty Symposium (where Blake is chair). Blake and Jerome Moroux have served as the LAJ Maritime Section chair multiple times. This year, Blake was recognized by Acadiana Profile magazine as a 2024 Top Lawyer in Maritime Law. He, along with all the attorneys at Broussard, David & Moroux, continues to seek justice for our clients.

Blake represented our client who was seriously injured on a vessel due to the company’s negligence. The incident occurred when our client was working offshore, and the vessel collided with a piling, causing him to slam into the cab of the boat. The pilot coworker onboard was distracted and speeding.

What is “Tort”? – Legal Word of the Month

July 11, 2024 | by Broussard, David & Moroux

At first glance, “tort” may sound like a strange word, but it is an essential term to understand in the legal space.

In the legal realm, a “tort” refers to any wrong or injury imposed by one person or entity onto another. A tort is classified as a civil wrong (as opposed to criminal) that can be inflicted intentionally or unintentionally. Examples include assault or a car accident due to negligence.

Personal injury law is a subcategory of tort law where a person is injured due to another’s unintentional actions or negligence. Other subcategories of tort include automobile accidents, medical malpractice, and premises liability. Tort law defines the rights of individuals and the responsibility of each person to treat others with fairness in society. It ensures if you are injured due to someone’s negligence, you have a right to receive compensation.

Are You Covered by the Jones Act?

August 23, 2023 | by Broussard, David & Moroux

A person can suffer injuries just about anywhere. However, if you suffer injuries while performing work, you may be entitled to (or restricted to) certain forms of recovery depending on where those injuries occur and your relationship with the location. For example, a person who is injured as a result of work they are performing may be limited to recovery under the Worker’s Compensation Act. The same is true for a person who is injured on the high seas.

When a seaman suffers personal injury or death while on a vessel, the Jones Act provides an expansive remedy for him. The Act mandates that “any seaman who shall suffer personal injury in the court of his employment may, at his election, maintain an action for damages at law.” However, coverage under the Jones Act is dependent on one thing: whether or not the employee constitutes as a “seaman.” Unfortunately, because the Act does not directly define who qualifies as a “seaman,” it is often difficult to know whether you meet the requirements of a Jones Act seaman.

In order to qualify as a Jones Act seaman, one must show: (1) the employees duties contribute to the function of the vessel or to the accomplishment of its mission; and (2) there is a connection to a vessel in navigation that is substantial in terms of both duration and its nature.

Jury Awarded Plaintiff Over $2 Million for Injuries in a Boating Accident

August 1, 2023 | by Broussard, David & Moroux

A Jefferson Parish jury awarded a widow $2,860,000.00 for the death of her husband following a double-fatality boat crash. The decedent was a passenger in a $1,000,000.00 high-performance MTI racing catamaran owned and operated by his friend on the Lake of the Ozarks, Missouri. Just prior to the crash, Garmin data proved the boat had been traveling over 120 miles per hour when the boat struck a wake caused by a nearby yacht, causing the MTI Cat to lose control and flip over killing both occupants. All parties contested liability and who was operating the vessel at trial.

The case involved the two widows of close friends suing each other’s husband’s estates (a factor not lost on the jury in voir dire or deliberations). No settlement offer was ever made by the defendants.

The jury assessed fault solely against the owner, and the jury awarded $1,500,000.00 in pecuniary losses, $680,000.00 for loss of consortium, and $680,000.00 for mental anguish to our client as a result of her husband’s death. The judgment totals $2.86MM, before post judgment interest. This was the second multi-million-dollar jury verdict for counsel for plaintiff in under one week.

Things to Remember When Spending a Day on the Boat

April 5, 2023 | by Broussard, David & Moroux

Spring has officially sprung bringing warmer weather with it. These weather conditions encourage people to jump back into their beloved outdoor activities, especially boating. Whether it be a weekend trip to the lake or a spring break trip to the beach, it is important to keep in mind a few safety procedures as you head back onto the water after a long winter:

While boating, be on the lookout for piers, docks, swim platforms, boat lifts, buoys, and markers, in order to prevent collisions.
It is good practice to always wear a life jacket or, at the least, be sure to have the required number of life jackets on board at all times. All states have different age requirements for life jackets, so be sure to check what those laws are depending on where you are boating. In Louisiana, all persons 16 year of age and younger much wear a life jacket while on a vessel less than 26 feet long.

Teenager Hit by Propeller in 4th of July Boating Accident

July 5, 2022 | by Broussard, David & Moroux

On Monday, 17-year-old Madison Bradley was riding on a pontoon boat in Blind River, driven by 33-year-old David Crowe.

Bradley, along with a male passenger, was standing on the front of the boat past the guard rails when they struck the wake of a nearby boat. They both fell overboard into the water, with the male having minor injuries; Bradley was hit by the vessel’s propeller, suffered severe injuries, and did not resurface.

Authorities were informed that there was a missing boater and Bradley’s body was found around 8 P.M.

False River Boating Accident Leaves Three Children Injured

August 12, 2021 | by Broussard, David & Moroux

On Sunday, August 9, 2021, a party barge reportedly operated by a Lafayette resident hit a group of children on an inner tube on False River. The children ranged in age from 8 to 14. The boater(s) reportedly fled the scene of the accident. Investigators say that the driver of the boat went home and refused to take a sobriety test. The Department of Wildlife and Fisheries is investigating the incident. Although there were no fatalities, one of the children was airlifted to a Baton Rouge hospital and may face prolonged recovery time.

Broussard, David & Moroux reminds boaters and spotters to be vigilant when operating a vessel and/or pulling a tube. Further, please take boater education safety courses offered for free at the Louisiana Department of Wildlife & Fisheries website: https://www.wlf.louisiana.gov/page/boater-education.

The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle boating and tubing incident cases and will fight to obtain fair compensation for the injuries of yourself or your loved ones. If you, or a loved one has suffered harm because of the fault of another, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).

Coast Guard Rescues 6 of 19 People on Capsized Boat off Louisiana Coast, Search Continues

April 14, 2021 | by Broussard, David & Moroux

Six of the nineteen people onboard a 129-foot commercial lift boat that capsized off the Louisiana coast Tuesday afternoon have been rescued so far. The vessel, the Seacor Power, had left port less than two hours before the accident and encountered rugged seas on its way out to the Gulf of Mexico.

The Coast Guard was on the scene within 30 minutes and several other good Samaritan vessels have been assisting the Coast Guard in the search and rescue operation.

Broussard, David & Moroux offers their thoughts and prayers to family and friends of the missing crewmembers in this difficult time and hope that all crewmembers are safely rescued.

What Comes Next – A Glimpse into The Post-Accident Legal Process

March 26, 2021 | by Broussard, David & Moroux

An average of 16,500 car accidents occur daily across the United States. In the blink of an eye, a rear-end car accident can completely turn one’s life upside down by causing life-altering injuries. Such an event can leave one lost as to what to do next, scared as to the daunting recovery process that lies ahead, and confused as to where to even begin. Some insight into the expected process of legal settlements may aid you or a loved one in making important decisions following a tragic accident.

In Louisiana, a car accident resulting in an injury, death, or property damage resulting in over $500 requires the parties by law to contact the local police department. Following the accident, an injured party should seek legal assistance. This will significantly offset the post-accident burdens of both filing a claim with the negligent party’s insurance company and gathering supporting evidence like medical examinations, photos, and witness testimony.

Further, an attorney can file suit against a negligent party, thereby holding that party liable for their actions. The lawsuit must be brought within 1 year of the date of the accident or else the claim is forever lost. Once the legal process begins, parties will work tirelessly to reach what is known as a settlement. A settlement resolves the dispute by dropping the claim before reaching trial in return for a monetary compensation. Settlement processes can last anywhere from a few months to a few years depending on the severity of the injuries and the accident. In the settlement process, the injured party seeks recompense for physical pain and suffering, repair or replacement of their car, medical expenses, mental anguish from the accident, lost wages, as well as other forms of damages.

Four Boaters injured and One Deceased in Lake Pontchartrain Boating Incident

March 16, 2021 | by Broussard, David & Moroux

On March 6, around 7 p.m. The Coast Guard received word that a boat struck the Norfolk Southern Railroad Bridge in Lake Pontchartrain. There were five people on board at the time of the incident. Four passengers were located and transported to a New Orleans area hospital by Louisiana Department of Wildlife and Fisheries as the Coast Guard searched for the fifth.

On Sunday March 7, the body of the fifth passenger on board was located in Lake Pontchartrain by St. Tammany Parish Sheriff’s Office. The sheriff’s office, Coast Guard, and Louisiana Department of Wildlife and Fisheries were all involved in the search for the fifth passenger following the incident. The four other passengers that were involved in this incident sustained serious injuries but are said to be in stable condition.

Broussard, David & Moroux offer their condolences and sympathy to the family and friends during this difficult time.