1996-04-22 09:46
[ Far East Seamen Looking to Sue Owners in US Courts ]
The London P&I Club has warned its members that increasing numbers of
Far Eastern seamen - particularly Pilipinos and Koreans - are seeking
to bring personal injury actions against shipowners in the United Stat
es courts. This is happening despite the seamen having been paid the
full contractual benefits to which they are entitled under the laws of
their own country.
In the second issue of its quarterly publication, the StopLoss Bulleti
n, the London Club explains how a Pakistani seaman employed by a Chile
an shipowner through a Hong Kong crewing agency, injured in Ecuador wh
ile on board a vessel flying the Liberian flag, recently sought to bri
ng an action against the club in Texas. After the action was dismissed
on technical grounds, the seaman - who had been paid his contractual
entitlement - found that he was time-barred when he tried to refile.
Pointing out that Texas, Louisians and Florida have very liberal laws,
the London Club advises owners to avoid sending sick or injured seame
n to the US for hospital treatment unless it is absolutely essential.
Although there are moves in America to implement legal reforms to prev
ent certain foreign claimants from suing in the US, the club says it i
s too early to predict whether Congress will pass the necessary legisl
ation.
Elsewhere in the StopLoss Bulletin, the club uses an incident of quay
damage in an African port to emphasise the need for masters to overrid
e pilots where they consider it justified. And there is a warning abou
t the costs of investigating potential claims involving the snagging o
f pipelines and cables by vessels operating in the Mississippi River.
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