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Four-Million-Dollar Settlement Reached for Jones Act Deckhand Injured By Explosion Aboard Fishing Vessel
Posted by: James M. Beard
July 01, 2009
Topic: Injury at Sea
A four-million-dollar settlement has been reached under the Jones Act for a deckhand injured in an explosion and flash fire aboard a fishing boat. The accident happened when a defective compressor for the circulating water system exploded, resulting in burns to the fishing vessel's engineer.
The settlement was reached with the vessel owners, the manufacturer of the compressor, and the refrigeration company who installed and designed the circulating seawater system. Liability was based upon claims of faulty design, negligent maintenance, defective equipment, and improper training.
In the summer of 2007 while fishing off the coast of Washington and Oregon, the vessel's compressor repeatedly defaulted and tripped off due to over-taxing of the system. The deckhand had been trained to cure the problem by activating the reset button on the compressor without pumping down freon from the system. The result was dangerous liquid slugging that damaged the component parts of the system. The manual for the ship's RSW system did not properly address the issue of how to restart the compressor in the event the system tripped off. The repeated misuse of the system contributed to the compressor explosion and fire.
The vessel owners initially petitioned for Limitation of Liability in United States Federal Court in Seattle, impleading the compressor manufacturer and refrigeration company. Under the Limitation of Liability Act, the vessel owners claimed they had no responsibility for the accident or knowledge of the compressor's defective condition. Experts for the injured crewman established that the vessel's RSW system was improperly designed and maintained, rendering the vessel unseaworthy and the vessel owners negligent. The vessel owners subsequently agreed to dismiss the Limitation of Liability Petition and agreed to admit negligence and unseaworthiness and that the engineer was not comparatively at fault. The case was then returned to King County Superior Court for jury trial. The King County Court granted the injured seaman's motion for an early trial.
The injured crewman was represented by Joe Stacey and Jim Jacobsen of Beard Stacey Trueb and Jacobsen. The settlement was reached in June of 2009. The maritime lawyers at Beard Stacey Trueb and Jacobsen represent injured fisherman throughout the nation in claims involving the Jones Act and General Maritime Law. They have extensive experience in representing fishermen and tug boat crewmen in Washington, Oregon, and Alaska, and have handled cases in other states with the assistance of local counsel. Handling fire and explosions aboard ships and fishing boats requires utilization of highly skilled experts and thorough investigation of the accident scene and vessel equipment.
