1-800-MARITIME (1-800-627-4846)
Get Information about Houston Maritime Injuries and Jones Act Injuries

Houston Maritime Injury and Jones Act Blog

Get Information about Houston Maritime Injuries and Jones Act Injuries.
Blog Category:

Tugboat and Barge Workers’ Injuries

    10/7/2008
    David Willis
    Comments (0)

    Tugboat at Fault in Tanker Collision

    In a recent case, Crowley Marine Services, Inc. v. Maritrans, Inc.,  the United States Court of Appeals Ninth Circuit found that the operator of a tugboat is primarily responsible for a collision between the tugboat and an oil tanker under the doctrine of comparative fault.  In this case, the tugboat was providing towing services to the tanker when the two collided.  This result in the tugboat being pushed along by the tankers bow and nearly capsizing.  The owner of the tugboat claimed that a regulation which provided that one vessel overtaking another was responsible for avoiding a collision mandated that fault be primarily laid on the tanker.

    Tugboat Captain's History of Alcohol Abuse & Health at Issue

     The Court found, however, that the regulation was overridden by the fact that the vessel were traveling in a coordinated formation.  The Court said that the tugboat operator should have investigated the risks stemming from the Tug Captain’s history of alcoholism and health problems, conditions that appeared to be related to a temporary loss of situational awareness shortly before and during the collision.  This case illustrates the doctrine of comparative fault.  In a maritime case both the Plaintiff and the Defendant can claim that the other was guilty of negligence and ask the judge or jury to assign the percentage of fault attributable to each party.


    Labels:

Comments

This post is closed to comments.

Quick Contact

Name:

Phone:

Email:

Tell us more:


Willis Law Firm
1221 McKinney Street
Suite 3333
Houston, TX 77010

Toll Free: 1-800-MARITIME