Crew member sues Conception

[Dizzi Lizzi]

Here we go....

California boat fire: Crew member says Conception was unsafe in suit against owners

 

[iamrushman]

this is going to be interesting...

......."The suit signals the beginning of a potentially long legal battle for the owners of Conception, who have already taken steps to protect themselves from liability."....

 

[JohnnyC]

I'm curious what his justification for suing WDA is. That they should have known the boat was dangerous and therefore liable as well? I understand that lawsuits often take a shotgun approach, and name everybody, justifiably or not, in order to try and secure a settlement. I'm curious if this is simply a legal tactic, or if there's some legal basis for his naming them in the suit.

I guess we'll also see how well the limitation of liability works out pending the investigation results, whether it was TA's fault, or the individual crewmen. I wonder if this is the guy who should have been on watch and it's a proactive defense claiming he's not at fault based on his claims about inadequate training, etc.

 

[abnfrog]

just wait this is only the beginning the lawyers AND expert witness's are going to be coming out of the wood work .....

 

[Esprise Me]

This appears to be the original complaint: https://www.google.com/url?sa=t&sou...FjATegQIARAB&usg=AOvVaw2AhNRFiKEruMXXBfBHrj3h

I'm not surprised he's suing given the injuries he sustained. I doubt someone in his line of work has adequate resources to cover those medical expenses plus lost wages while he recovers. I've often wondered how many fewer tort claims would be filed if we had universal healthcare and disability insurance. If everyone pushing for tort reform pushed equally hard for those things, maybe we'd find out. But I guess that's neither here nor there.

 

[Wookie]

This appears to be the original complaint: https://www.google.com/url?sa=t&sou...FjATegQIARAB&usg=AOvVaw2AhNRFiKEruMXXBfBHrj3h

I'm not surprised he's suing given the injuries he sustained. I doubt someone in his line of work has adequate resources to cover those medical expenses plus lost wages while he recovers. I've often wondered how many fewer tort claims would be filed if we had universal healthcare and disability insurance. If everyone pushing for tort reform pushed equally hard for those things, maybe we'd find out. But I guess that's neither here nor there.

His maintenance and cure is covered under the vessel owners Jones Act policy.

Unless the vessel owner doesn't have a Jones Act policy.

Then the crewmember would have to sue, but there is no question that the vessel owner has to pay. Jones act trumps most everything.

 

[Sam Miller III]

I am certainly not an attorney- but I have been a "Expert witness " (20 miles from home and I own a briefcase ) on numerous occasions beginning in 1956.

There is a distinction between civil litigation and marine litigation.

Any Attorneys (@Jayfarmlaw or @Scuba Lawyer) have this type of this specialized experience and expertise who can comment ?

SDM


@Marie13 CE

 

[Cowfish Aesthetic]

Disappointing (for us) lack of detail in the complaint.

 

[Wookie]

I am certainly not an attorney- but I have been a "Expert witness " (20 miles from home and I own a briefcase ) on numerous occasions beginning in 1956.

There is a distinction between civil litigation and marine litigation.

Any Attorneys (@Jayfarmlaw or @Scuba Lawyer) have this type of this specialized experience and expertise who can comment ?

SDM


@Marie13 CE

Agreed. I am also an expert witness (Captain and DM) but I've never run up against a purely maritime case like this before. Many legal teams will use maritime law and wording to thwart civil case lawyers. Tom Forbes@nolatom is an admiralty lawyer, formerly with the Coast Guard and a sometime captain for me. Maybe he can shed a little light on the filing.

 

[cerich]

what stands out to me is that the crew who is injured is obviously not getting paid, that is insane on so many levels