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

PERIGEAN SPRING TIDES

It sometimes happens that one is going to write a Post on a subject when lo and behold there is already an excellent one.  Such is the case today; so rather than repeat everything let me refer you to the source of that Post

At present we are experiencing Perigean Spring Tides which occur when the Moon is at perigee on its oval path that is the closest point to Earth.  One of the principal results are higher than usual Spring Tides as against the Neap Tides.

Should you be interested in the full explanation of this phenomenon then you might like to reference "Old Salt Blog" which has an excellent explanation of this event and uses all the correct terms - quite unlike our Media here in South Florida.

Good Watch.

STANDING DOWN PROBLEMS CONTINUE

In addition to the recent "Standing Down" of training voyages for its Midshipersons the United States Merchant Marine Academy (USMMA) has received warnings about the quality, or lack thereof, of its training programme.  The Middle States Commission of Higher Education (MSCHE) report stated that accreditation was in jeopardy for non-compliance in certain areas.

Coupled with the continuing problems requiring disciplinary actions including dismissal from the Navy the United States Navy (USN) has had in recent years this does not bode well for the professionalism of the seafaring community of the United States.

It is clear to this writer, an International Master Mariner with 50 years of experience, that the training sources for both Officers and Ratings need an immediate complete examination and review.  Currently the Officer commanding riverine craft based in Bahrain has been dismissed.  Another nine Officers and Ratings are under disciplinary action as a result of the capture by…

FINALLY AN ATTEMPT TO RECOVER

NAUTICAL LOG has on previous occasions discussed the SS El Faro VDR in a Post titled RELUCTANCE TO RECOVER and two other Posts about the VDR (Voyage Data Recorder) of the SS El Faro

The Ship sank in Hurricane Joaquin on October 01, 2015 off the Bahamas.  There has seemed to be a reluctance by all parties involved to continue the attempt to recover the VDR from some 15,000 feet - admittedly a considerable depth.  However because of the importance of possible data on the recorder such an attempt must be made.

Finally the NTSB has contracted with the USN Supervisor of Salvage to assist in the recovery of the VDR.  The USNS Apache will depart in early July 2016 together with USCG, Phoenix International and an underwater operating vehicle the CURV-21.

Once the VDR is recovered it will be brought ashore to the NTSB laboratory and thoroughly studied to download and analyze the information.  With these results in hand the USCG will conduct a two hearings to investigate the sinking and questio…