Louisiana Lawyer Blog

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP's estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs' lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

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A Costa cruise ship caught fire early this week, leaving over 1,000 passengers stranded in the Indian Ocean. After the ship's generator room caught fire, the ship was left without electricity and began to drift. Authorities rushed to the liner to help passengers and to search for the cause of the accident.

This fire occurred only one month after Costa's Italian cruise tragedy that killed over 25 people and left seven others missing. In light of these two accidents, Congress met to evaluate the safety of cruise ship vessels using U.S. ports. The hearing reviewed the adequacy of current U.S. cruise ship safety regulations and sought to find a cause of last month's deadly accident.

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Two barges collided in the Mississippi River near St. John the Baptist Parish this month, spilling an estimated 10,000 gallons of crude oil into the Mississippi River. No injuries were reported, and the cause of the accident remains unclear. This accident shows the relationship between maritime law and environmental safety.

In the maritime setting, a vessel owner or operator's failure to take reasonable safety measures can lead to serious injury. For this reason, the crew's health and safety should be a priority to vessel owners and operators. In addition, because large vessels often carry dangerous toxic chemicals, vessel owners and operators also owe a duty to the public to transport these chemicals safely.

Maritime law can be used to protect a seaman's rights when he suffers an injury on the job. The Jones Act is a federal statute that protects maritime workers who are injured or killed on the job. Under the Jones Act, a worker must prove negligence on the part of his employer. Upon proof of negligence, an injured seaman is entitled to receive maintenance and cure, which includes a daily payment at a fixed rate and payment for medical expenses reasonably necessary to restore the seaman to health.

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Authorities continue to search for the cause of the tragic Italian cruise ship accident that injured and killed several passengers. The Italian liner suspiciously ran aground and rolled on its side last month. In a public statement, Costa Cruises, the ship's owner, alleged that captain error caused the fatal disaster.

Although cruise ship accidents are uncommon, cruise ships pose hidden dangers. All too often, an error on the part of the ship's captain or crew can lead to harmful consequences. Cruise ships typically transport large groups of people in a confined space, increasing the possibility for serious injury. For this reason, cruise ship companies have a duty to adequately screen and train all employees, especially ship captains. A liner's captain and crew are also under a duty to safely navigate, operate and maintain the ship while at sea. If these employees fail to maintain reasonably safe conditions on the ship, in certain circumstances the company may be held legally responsible for a passenger's injury.

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