In a case stemming from the aftermath of the Deepwater Horizon oil spill, the Louisiana Court of Appeal, Fourth Circuit, recently reversed a trial court’s summary judgment, highlighting the complexities in determining a worker’s status in maritime injury cases. The case, Nathaniel Smith v. H&E Tugs LLC and Lawson Environmental…
Articles Posted in Admiralty/Maritime
Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case
In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident…
Can a Deceased Seaman’s Parent’s Recover Damages?
Losing a loved one is an unimaginable tragedy, and while financial compensation cannot fill the void left by their absence, it can provide support during challenging times. The following case involves the tragic situation of parents whose seaman son died. Although the deceased seaman’s father tried to recover damages from…
Who Pays Who? Important Distinctions in Defining Insurance Terms
The language used in insurance policies can hold immense significance when determining the resulting coverage and payouts. In a compelling case involving three tug boats, the M/V Miss Dorothy, the M/V Angela Rae, and the M/V Freedom, an unfortunate collision prompted a dispute over insurance claims. As insurers of the…
When Is a Company Required to Pay for Certain Medical Treatments for Injured Longshore Employees?
Suffering an on-the-job injury is a challenging experience that involves physical recovery and navigating the complexities of the worker’s compensation system. Determining when and how to return to work can be daunting in such situations. The questions surrounding medical examinations and the responsibility of companies to provide additional medical advice…
Unraveling Maritime Liability: Exploring Open and Obvious Risks, Duty of Care, and Damages
Within the intricate realm of maritime law, determining liability can be challenging, especially when it comes to assessing the responsibility of ship owners for open and obvious risks. Such complexities become particularly evident when adverse weather conditions come into play. In this context, we delve into the case of Robert…
Fifth Circuit Affirms $2.83 Million Award for Slip-and-Fall Aboard United States Vessel
An injury can happen in the most unlikely of situations, and although it may seem minor at the moment, it can create lifelong physical ailments. When this unfortunate situation occurs, you deserve to be properly compensated, regardless of any pre-existing conditions you may have. The following lawsuit shows how an…
Can You Succeed in Appealing a Court Decision Made Against You?
Accidents happen daily, and when they do, they can be overwhelming and stressful. If you’ve been in an accident and filed a claim for damages, but it gets dismissed due to the granting of a motion for summary judgment in favor of the defendants, you may feel like there’s no…
When Can an Injured Worker Switch Doctors?
If you are injured as a longshoreman, you may be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). It is essential to understand what this statute covers, including when you can switch to a new doctor. Alexander Scott was a longshore foreman at Ports America. He…
Appeals Court Determines Jury Question Was Not an Abuse of Discretion in Boat Injury Claim
Juries are one of the most important foundations in our legal system. Their role is to determine the truth behind the sometimes confusing legal language and provide justice. Juries rely on the information given to them by lawyers in the form of Jury Questions. However, when an alleged ambiguous term…