Fatal Maritime Accidents and the Death on the High Seas Act
Posted on: September 14, 2011
Working offshore can be very dangerous and at times life-threatening. Recently in the news, a report was released regarding the Australian investigation of the fatal maritime accident of seafarer Trevor Moore. Mr. Moore was killed after being struck with a heavy line while the vessel's crew was disconnecting the ship from its mooring buoy on Christmas Eve of 2008 in Legendre Oil Field, north of Washington State.
While cutting the lashing, it began to unwind quickly and struck Moore in the head. The Australian Transport Safety Bureau found that the seaman had placed himself in a dangerous position while cutting the lashing and that a different type of line could have been safer to use.
Maritime lawyers imagine that Moore stood in the only place he was physically able to stand in order to do his job and that he worked with the materials provided to him by his maritime employer. It is the duty of a maritime employer to provide a safe place to work which includes providing appropriate materials. Shipping companies must use the highest standards of safety to ensure that their crewmembers are protected while working on their vessels.
Recovering Damages if a Loved One's Been Killed At Sea
Losing a loved one in a fatal maritime accident is tragic and often unnecessary. The deceased maritime worker's employer may, and often does have a legal responsibility to help the surviving relatives with the financial aftermath of a fatal maritime accident.
The Death on the High Seas Act
The specific law that applies to deaths that occur at sea is called the Death on the High Seas Act. In order to qualify for recovery pursuant to the Death on the High Seas Act:
- The maritime worker who died must have been a seaman
- The fatal accident must happen on the "high seas," at least three nautical miles from the U.S. coast
- The death was caused by employer negligence or vessel unseaworthiness
It is important to contact an experienced maritime accident lawyer as soon as possible to ascertain which laws apply and how to maximize your chances of financial recovery. The maritime accident attorneys of Schechter, McElwee, Shaffer & Harris, L.L.P. understand that you are grieving and that you have suffered a terrible loss. Our compassionate maritime lawyers will work hard to help you get the recovery you deserve. Contact us today for a free consultation.