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Category Archives: Maritime Law
What is a Maritime Claim?
The Merchant Seaman Protection and Relief Act of 1920 was a law designed to create a similar protection as worker’s compensation for people injured while working as a longshoreman, seaman or other marine worker. The act allows injured workers to file claims for benefits to cover lost income and medical…
Texas Boating Accident Requirements
Almost every driver is familiar with the duty to stop and render aid when involved in an automobile accident, but what do you do when you are in a boating accident? The Texas Parks and Wildlife Code holds the answer.
Section 31.104 of the Texas Parks and Wildlife Code requires…
Crude Oil Storage Tank Explosion in Galveston Demonstrates Dangers of Maritime and Industrial Explosions and Complexities of the Law
A pair of oil storage tanks exploded into a blaze on Thursday, February 23, 2012, around 7:00 p.m. injuring four workers and and a firefighter who attempted to put out the blaze. The explosion occurred at Texas International Terminals, 4800 Old Port Industrial Road, in Galveston, Texas.
Over 30 fire…
Industrial Worker Dies in Texas Ship Channel Accident
A man was rushed to Bayshore Hospital in Pasadena on Tuesday, December 6th, 2011, after apparently being caught beneath a crane that started to move according to early news reports.
The crane movement severed both of the industrial worker’s legs. He was rushed to the hospital where he was pronounced…
Posted in Industrial Accident, Maritime Law
Tagged houston local, industrial accident, maritime
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Relevant Cases: Franks v. Chevron Corp., 2007 WL 2330296 (S.D. Tex. 2007, no writ).
Franks v. Chevron Corp., 2007 WL 2330296 (S.D. Tex. 2007, no writ).
The court concluded that an employee who was injured on a fixed platform on the outer-continental shelf was bound by Texas law. The court also held that Chapter 95 of the Texas Civil Practice and Remedies Code provides…
Relevant Cases: Robison v. Exxon Corp., 779 F. Supp. 65, (E.D. Tex. 1991).
Robison v. Exxon Corp., 779 F. Supp. 65, (E.D. Tex. 1991).
A worker brought an action in a Texas state court for personal injuries suffered on a production platform 100 miles off the coast of Louisiana, the platform owner moved for summary judgment on the ground that the action was…
On-the-job accident on oil platform off the shore of Texas results in wrongful death
Tuesday, August 16, 2011, According to the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE), a crane that was loading a large piece of equipment onto a work boat from the platform collapsed after a boom hoist cable broke. It occurred on a Energy Research Technology production platform…
Relevant Cases: Champagne v. Tetra Applied Technologies Inc., 2006 WL 287985 (S.D. Tex. 2006, no writ).
Champagne v. Tetra Applied Technologies Inc., 2006 WL 287985 (S.D. Tex. 2006, no writ). Addresses question of the proper law to apply where a person is injured during a personnel basket transfer from a vessel to a fixed platform. The fact that a vessel is involved points to the general…
Relevant Cases: Louviere v. Shell Oil Co., 509 F.2d 278 (5th Cir. 1975, cert. denied).
Louviere v. Shell Oil Co., 509 F.2d 278 (5th Cir. 1975, cert. denied).
Louisiana one-year period of limitations governing personal injury actions was applicable to action for injuries sustained on fixed platform adjacent to Louisiana in Gulf of Mexico; also governing, in absence of applicable federal law, was LSA-R.S. 9:5801…
What statutes of limitation apply in admiralty and maritime personal injury actions?
The Uniform Statute of Limitations for Maritime Torts (“Uniform Statute”) provides a general three year statute of limitations barring claims arising from injury or death occurring on navigable waters during a traditional maritime activity three years after the cause of action accrues. The Uniform Statute applies to actions under the…
