Skip to main content

WHO SUES WHO

From various Alabama and maritime Media sources comes word that Carnival Group has sued BAE Systems shipyard at Mobile, AL.  Yes that's right Carnival has sued rather than get sued though in fact that to has happened also.

In February 2013 the BAE Systems shipyard accepted the MS Carnival Triumph the cruise vessel to assess and complete repairs resulting from a loss of power while underway at sea.  On April 03, 2013 in strong winds she broke free from moorings under the responsibility of the BAE Systems shipyard and was further damaged.  During this incident tragically a BAE shipyard worker was killed. 

For some reason the attorney hired by that workers family sued Carnival Group, rather than BAE Systems where the worker was employed, in a suit filed in May 2013.  One can only surmise that this was due to inexperience on the part of the lawyer, a lack of knowledge in maritime law or some quirk in Alabama State Law.  However it was the understanding of NAUTICAL LOG that in the United States since there is not a separate Admiralty Court maritime cases come under U.S. Federal Law.

As to Carnival Group suing BAE Systems it was further the understanding of NAUTICAL LOG during his 50 year professional maritime career that once a shipyard accepted a vessel for repairs the shipyard was fully responsible for her needs which included a safe and secure berth.  Therefore it would seem reasonable, proper and expected under the terms of the repair contract accepted by both parties for Carnival to sue BAE.

One shall be interested to see if the suit filed against Carnival Group on behalf the deceased worker is accepted.  Given the current highly negative attitude against cruise lines in general this will need careful monitoring to maintain fairness in the application of maritime law and to whom, in a Nation that prides itself in living under the Rule of Law.

Good Watch.

Comments

Popular posts from this blog

CYCLONES AND SENTINELS

USCG Sentinel-class which are based on the Netherlands Damen Stan-class USCGC opened hull view USCG Sentinel-class interior layout USN Cyclone-class In the NAUTICAL LOG Press Release folder comes news of Bollinger Shipyards in Lockport, LA. The United States Coast Guard has awarded a $166.1 million option to start production of four ' Sentinel-class' Fast Response Cutters (FRCs). This latest award brings a total of eight FRCs under production at Bollinger with a value of $410.7 million. The current FRC contract contains options for up to 34 cutters and is worth $1.5 billion if they are all exercised. Recently the United States Navy limited operation of its 'Cyclone-class' coastal patrol boats stationed in Bahrain and Norfolk, VA. Any vessel operation would depend on sea state and speed restrictions. This was due to structural damage as the vessels reach the 15 year mark which is considered close to the operational limit. This is apparently not a design fault but ...

PAINT LOCKER FIRES

The photographs above are revealing in several ways, lets have a look. Clearly the Japanese Maritime Self Defence Force (JMSDF) vessel JS "Kurama" impacted the Korean container ship MS "Carina Star" just aft of the turn of the fo'cs'le on the Starboard side. Please note that's the Starboard side, thus it appears JS "Kurama" would have shown "Carina Star" the red port sidelight and "Carina Star" would have shown JS "Kurama" the green starboard sidelight. This impact point would tend to suggest that JS "Kurama" was the 'stand-on' vessel and the MS "Carina Star" is the 'giving-way' vessel. Until there is a complete plot of the tracks made good of both these vessels and the position in the Kanmon Strait of the point of collision no determination can actually be made. As a result of this impact there was severe bow damage to JS "Kurama" and in addition a massive f...

LISTING SHIPS

MS Herald of Free Enterprise WSF Chetzemoka A FINAL WORD: Sunday, November 21, 2010. Between this Blog and comments in other maritime blogs we have pretty much discussed this vessel's issues fully. In fact we have beaten them to death!! The sad truth is that this is a politically operated ferry system to serve the public in the State of Washington. Being politicians they were able to convince another highly political federal agency, namely our USCG, to bend to their will. Nothing will be changed in this vessel and any further building will be done in the same way with the same results. The only possible change could be through the ballot box to replace those politicians and proceeding from there. So potential passengers may we suggest that prior to embarking you carefully check the current weather report. NAUTICAL LOG has been informed that the crossing is only 30 minutes and so doors are not an issue. We disagree and would refer you to the MS Herald of Free Enterprise ferry a...