WALKER & CRAWFORD, PC

Exhausted sailors working 98 hour weeks are regularly falling asleep at the helm, turning their ships into “unguided missiles” which could cause a major disaster off the UK coast, an independent watchdog warns.

The Marine Accident Investigation Branch said it was only a matter of time before a “catastrophic accident” took place in UK waters.  It called on the Government to take immediate action to ensure that ships were properly manned.  In its latest report, the MAIB cited the example of the cargo vessel Antari which ran aground on the Antrim coast in Northern Ireland in June last year.

The officer of the watch, who was alone on duty, fell asleep for three hours and was only woken when the 88 metre vessel, carrying 2,360 tons of scrap, had beached itself.  Nearly three quarters of the hull was damaged and dented, while the grounding had punctured the bottom of the ship.  The MAIB discovered that the officer had been working six hours on, six hours off for the previous three and a half months.  He had fallen asleep in the wheelhouse almost as soon as he had taken over the watch shortly after midnight on a warm June 29 in calm seas.

Stephen Meyer, chief inspector of the MAIB, said the unrelenting shift patterns were “as close to slavery that we have in the UK”.  He said: “People are working 98 hour weeks, week after week and they do not have a single night’s sleep in that time.  “They never get more than five hours and the cumulative effect is enormous.”

 

Persons working at sea or offhsore are covered by different laws than those that protect their shore-side counterparts.  They are covered by federal and state maritime laws and if you or someone you know has been involved in a maritime accident such as the one mentioned above, you need an attorney well-versed in maritime laws.  Walker & Crawford are here to help. 

James Walker is rated one of the top personal injury lawyers in Houston by Inside Houston Magazine and has over 29 years of experience fighting for your rights.   We are here to help you with your maritime claims or any personal injury claims you or your family might have. 

 

www.walkertexaslawyer.com

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Toll Free - 800-732-2934

A recent study shows that plaintiffs and defendants alike may want to re-think the decision to rush to trial. The study, which will soon be published in the Journal of Empirical Legal Studies, found that it was routinely erroneous for plaintiffs and defendants to go to trial, in that each, respectively, received less or payed more than was offered during pre-trial settlement negotiations.  In only 15% of cases that went to trial was the award less than the plaintiff initially demanded but more than the defendant originally offered.

Last week, the Texas Supreme Court agreed to hear arguments in an unusual rehearing of a ruling that lawmakers and other groups say was “flat-out” wrong. The case involved contract employees covered by workers’ compensation, and whether they should be allowed to seek damages against work site owners for on-the-job injuries. The decision has been protested by a bipartisan group of lawmakers, labor groups, and accident victims, who maintain that the justices erred in the original hearing when they granted extended immunity provisions that were never part of legislative intent.

An Alaska judge has ordered Governer Sarah Palin to retain copies of e-mails sent from her personal Yahoo! account. At issue is whether Palin has used personal e-mail for state business, a move that could run afoul of state transparency laws.  State officials have claimed they are willing to comply, but http://us.rd.yahoo.com/dailynews/zd/tc_zd/storytext/233097/29523335/SIG=11ib9uu9v/*http://www.adn.com/news/alaska/story/552784.htmlnow say they are unsure what e-mails are still in existence.  It has been reported that Palin has deleted her gov.palin@yahoo.com address. 

HURRICANE IKE VICTIMS SHOULD BE VIGILANT

WHEN FILING INSURANCE CLAIMS

Homeowners should take the following steps when dealing with their insurance company:

Take Documentation. Make a comprehensive inventory of the household items lost in the storm, and keep receipts from emergency repairs and temporary housing costs.

Track Communications with Your Insurance Company. Keep a log of all communications with your insurance carrier, including anytime they fail to return a call or miss a scheduled appointment.

Be Careful What You Sign. Do not sign anything you do not fully understand. Make sure all documents are explained thoroughly so that you know what you are signing and how it will affect your claim.

Ask for Proof. If your insurer tells you that you are not covered, require them to offer proof. The burden is on the carrier to point to the exclusion in your policy.

Complain if Necessary. If you believe that you are being treated unfairly by your insurance carrier, file a complaint with the Texas Department of Insurance and/or the Texas Attorney General’s Office. Contact Texas Watch’s Ike Insurance Hotline at 1-888-738-4226 for assistance in filing complaints.

Homeowners are encouraged to be vigilant when dealing with their insurance company after major disasters such as Hurricane Ike.  Insurance abuse proved to be rampant after Hurricanes Katrina and Rita, and victims of Hurricane Ike must take steps to protect themselves from unfair insurance practices.  One way homeowners may protect themselves is by contacting the attorneys at Walker & Crawford, P.C., who are standing by 24 hours a day, 7 days a week to answer  questions concerning storm-related insurance claims.

In order to increase stock offerings, Fannie Mae, Freddie Mac and other financial firms hid their true fiscal health, according to a wave of new shareholder class actions lawsuits. The suits allege that the financial firms and their executives violated fiduciary duties owed to shareholders by failing to advise shareholders of heir exposure to risky subprime mortgage investments. Firms included in the most recent filings are Freddie Mac, Fannie Mae, Morgan Stanley, Merrill Lynch, Goldman Sachs & Co., UBS Securities LLC and Wachovia Capital Markets LLC.

Farmers Insurance Co. must pay $80 million to a class of policyholders who claimed that the insurer underpaid claims, according to an Oklahoma jury.  The lawsuit alleged that Farmers engaged in bad faith and fraud by failing to pay for general contractors.  The jury’s award includes $50 million in compensatory damages and $30 million in punitive damages.