Boating Accidents

Passengers file lawsuits in the weeks after the Triumph disaster

March 8, 2013 | by Broussard, David & Moroux

In the weeks following the Triumph’s return to shore, several passengers have filed lawsuits against Carnival Corporation. In their complaints, passengers allege that Carnival “recklessly and intentionally” risked their lives on board the Triumph. The passengers further allege that Carnival “knew or should have known” that the cruise ship would experience mechanical failure and that it failed to exercise its duty of reasonable care. The passengers are seeking damages for pain and suffering and emotional distress.

The Triumph’s engine caught fire during its voyage in the Gulf of Mexico. The crippled engine left over 3,000 passengers stranded at sea for about five days. Carnival then slowly tugged the ship to shore. Upon reaching shore, several passengers revealed that they were deprived of food, water and access to functioning bathrooms on the ship.

Maritime law governs the claims of passengers who suffer injuries on cruise ships. Most major cruise lines today are registered under the laws of foreign countries. Nevertheless, if a cruise ship departs from a U.S. port, the cruise ship is considered to be a common carrier under the U.S. Shipping Act of 1984. As a common carrier, cruise ships owe a heightened duty of care to their passengers.

NYC Ferry Crash Victims Seek Millions in Damages

January 30, 2013 | by Broussard, David & Moroux

In the weeks following the tragic New York City ferry crash, survivors and their families have filed lawsuits against the ferry’s operator under maritime law. More than 70 people were injured in the accident, and several victims remain in intensive care. A new National Transportation Safety Board report details the shocking minutes leading up to the crash.

The plaintiffs include the family of a Wall Street broker who suffered serious injuries in the accident. The family sued the operator for $45 million in damages for his injuries. Other lawsuits have been filed on behalf of a victim who remains unconscious, a victim who suffered a spinal fracture and a victim who suffered a fractured skull. The ferry operator moved to limit its total liability under federal maritime law to $7.6 million, the estimated total value of the damaged vessel.

The Jones Act provides for specific rights to those who qualify for seaman status. However, the Jones Act is not the exclusive means of recovery for individuals who suffer an injury at sea. People like passengers on ferries and cruise ships, who do not qualify for seaman status under the Jones Act, must resort to general maritime law for relief. Although there is no statutory basis for general maritime law claims, many of these claims give vessel passengers the right to recover damages for their injuries under common law theories of liability.

Monroe Man Missing After Boating Accident

September 24, 2012 | by Broussard, David & Moroux

A search is underway for a 60 year old Monroe man who went missing after a boating accident on the Ouachita River. Louisiana Department of Wildlife and Fisheries confirmed that the man’s boat was found on the river.