Offshore Injury

Federal Judge Finds BP “Grossly Negligent,” Allocates Majority of Fault for 2010 Oil Spill to BP

September 12, 2014 | by Broussard, David & Moroux

In a recent ruling handed down in Federal District Court in New Orleans, Federal District Judge Carl Barbier assigned the majority of the responsibility to BP for the 2010 explosion of Deepwater Horizon. Judge Barbier found the discharge of oil to be the result of BP’s “gross negligence” and “willful misconduct” under the Clean Water Act, which subjects BP to enhanced civil penalties. The ruling found BP responsible for 67 percent of the blowout, explosion, and subsequent oil spill, while the remaining percentage was divided among Transocean and Halliburton at 30 percent and 3 percent, respectively.

“BP’s conduct was reckless. Transocean’s conduct was negligent. Halliburton’s conduct was negligent,” wrote District Judge Barbier in his 153-page ruling.

While it has been estimated that BP could face fines of up to $18 billion, the Judge’s ruling noted that BP cannot be held liable for additional punitive damages under general maritime law. Usually, general maritime law which permits the imposition of punitive damages for reckless, willful, and wanton conduct. However, due to a unique jurisdictional rule in Louisiana, Texas, and Mississippi, the imposition of punitive damages under general maritime law has been severely limited, though not entirely abandoned. Indeed, punitive damages are still available for reckless, wanton conduct in the Fifth Circuit, though, the bar is much higher. In addition to proving the defendant’s “reckless, willful, and wanton conduct,” an award of punitive damages must also demonstrate systemic recklessness. “The maritime rule in the Fifth Circuit is generally insufficient to visit punitive damages upon the employer. Rather, the conduct must emanate from corporate policy or that a corporate official with policy-making authority participated in, approved of, or subsequently ratified the egregious conduct,” the ruling states. In the absence of such a corporate policy, Judge Barbier found that BP cannot be held liable for punitive damages under general maritime law. BP plans to appeal the decision.

LSBA Installs Local Lawyer to 2014-15 Board of Governors

August 4, 2014 | by Broussard, David & Moroux

The Louisiana State Bar Association’s (LSBA) 2014-15 officers and members of the Board of Governors were installed June 5, in conjunction with the LSBA’s Annual Meeting in Destin, Fla.

Lafayette lawyer, Blake R. David, was installed by Louisiana Supreme Court Chief Justice Bernette Johnson as the Third District Member of LSBA’s Board of Governors. The Board of Governors is comprised of 22 volunteer leaders who are charged with fiscal responsibility for the LSBA and with administration of the affairs of the Association. The LSBA assists more than 22,000 members in the practice of law.

Blake R. David was raised in Lafayette and is a founding partner of Broussard, David & Moroux. Mr. David focuses on personal injury and wrongful death litigation with an emphasis on offshore/maritime, trucking accident, aviation, products liability, industrial accident, and automobile claims.

Twenty-Four Bicyclists Killed in Motor Vehicle Accidents in 2012; Highest Total in a Decade

March 21, 2014 | by Broussard, David & Moroux

While the number of motor vehicle drivers killed in Louisiana declined in 2012, twenty-four bicycle riders were killed in Louisiana in 2012, the highest number in ten years. East Baton Rouge Parish and St. John the Baptist Parish contained the most bicycle crash fatalities with five and three respectively. “Many of the crashes between bike riders and motor vehicles could be avoided,” stated Lt. Col. John LeBlanc, executive director of the Louisiana Highway Safety Commission.

Westbank Car Accident Leaves an 8-Year-Old Boy in Serious Condition

September 24, 2013 | by Broussard, David & Moroux

A five-car accident on the Westbank Expressway in Marrero has sent three people to the hospital with injuries, including an eight-year-old boy, who the police say is in serious condition. A pick-up truck struck two vehicles before careening down an exit ramp at a high rate of speed before colliding with two more vehicles as it came to a stop. A driver of one of the first vehicles to be hit estimated the truck’s speed to be “95 to 100 miles an hour.” The eight-year-old boy was wearing his seat belt in the front seat of a Hyundai Sonata when the pick-up truck t-boned the vehicle. The boy was unconscious when the paramedics arrived and was transported to the hospital in serious condition. It is speculated that the driver of the pick-up truck may have suffered a medical emergency that caused the accident, although the crash is currently under investigation pending toxicology tests.

Gulf Platform Explosion Kills Three: $180 Million Sought

August 30, 2013 | by Broussard, David & Moroux

An explosion at an offshore oil platform on the Gulf of Mexico in November 2012 killed three workers and severely injured two others. A consultant who carefully reviewed the deadly accident concluded that the explosion was the fault of unsafe welding practices by a subcontractor of Grand Isle Shipyards, Inc. The report alleges that the subcontractor, DNR Offshore and Crewing Services, and Grand Isle Shipyards did not properly carry out welding processes and failed to stop work when unexpected conditions arose. The two injured workers and their spouses filed a lawsuit in the U.S. District Court in New Orleans, seeking $80 million in compensatory damages in addition to $100 million in punitive damages.

Workplace accidents commonly occur in places such as offshore oil rigs and chemical plants due to the heavy machinery involved and the presence of flammable chemicals. Employers must take every possible precaution to ensure a safe working environment for their employees to avoid tragedy. Workplace fires and explosions can lead to death or catastrophic injuries, such as limb-loss or severe burns.

Offshore Workers Most Likely To Die

May 9, 2013 | by Broussard, David & Moroux

A recent Center for Disease Control and Prevention study reveals that oil and gas industry workers are seven times more likely to be killed while working than all other workers in the United Sates. Offshore fatalities from 2003-2010 were used in the study, based on data from the Bureau of Labor Statistics Census of Fatal Occupational Industries.

Transportation accidents were noted as the cause for a high percentage of deaths. Over half of the accidents from 2003-2010 were transportation related. All transportation accidents occurred in the Gulf of Mexico and 49 were helicopter accidents.

Gulf of Mexico Oil Rig Explosion Claims Three Lives

December 11, 2012 | by Broussard, David & Moroux

An oil platform in the Gulf of Mexico exploded and caught fire off the coast of Grand Isle, tragically killing three workers. Out of twenty-four workers on the platform at the time of the explosion, four workers also suffered serious burns. One worker who suffered severe burns died after the accident at the hospital.

Regulators from the U.S. Bureau of Safety and Environmental Enforcement ordered Black Elk Energy, the platform operator, to immediately improve its offshore safety. Black Elk runs 98 platforms in the Gulf of Mexico, and the bureau recorded 156 non-compliance problems with Black Elk in 2012 alone.

Operators of oil platforms are legally required to create and implement safe working conditions for their workers. All too often, accidents occur when employers fail to routinely inspect and maintain equipment on the oil platform or fail to establish a framework of safe operating procedures for workers.

Supreme Court Considers Definition of “Vessel” Under Federal Maritime Law

November 13, 2012 | by Broussard, David & Moroux

The U.S. Supreme Court began its 2012 term hearing a case that could clarify whether floating structures qualify as vessels under federal maritime law. The determination of this issue could have a serious impact on floating homes and floating businesses.

In Lozman v. Riviera Beach, Fane Lozman, a Florida man living in a floating home off of Riviera Beach, and the city of Riviera Beach disputed whether Lozman’s home was a vessel or house for eminent domain purposes. After Lozman refused to register his floating home with the city, the city used federal maritime law to put a lien on the boat as a vessel.

Helicopter Carrying 19 Oil Rig Workers Forced to Ditch

October 30, 2012 | by Broussard, David & Moroux

A helicopter carrying 19 men to an oil rig in the North Sea was forced to ditch when mechanical issues were reported by the pilot. The investigation of the ditching is ongoing, but a failed gear-box is believed to be a factor.

A nearby tanker and helicopter offered assistance and all 19 passengers made it safely out of the helicopter. This accident mirrors a 2009 ditching also caused by failed mechanical gear components. That 2009 incident was also in the North Sea and resulted in the death of 16 individuals.

Gulf of Mexico Oil Platform Fire Extinguished

October 9, 2012 | by Broussard, David & Moroux

A fire started on a W&T Offshore oil platform in the Gulf of Mexico last week about 30 miles off the coast of Louisiana. The company evacuated the platform and extinguished the fire. One worker reported minor injuries.

The Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are federal statutes that cover maritime workers who are injured on the job. These laws offer maritime workers legal protection and entitle workers to compensation for their injuries. The circumstances surrounding an injured worker’s employment will determine which statute applies to the worker.