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Seafarer terrorism/piracy libility highlights evolving arena of Jones Act law

Seafarers have come a long way in a short time in gaining recognition for the terrorism and piracy risks they face. Two separate attacks upon U.S. flag ships in three years illustrate the progress that has been made on this front.

In October of 2005, the M/V Industrial Challenger, a 391-foot heavy lift cargo ship, was attacked by pirates in the anchorage outside of Umm Qasr, Iraq. The ship had just completed a long journey and the master decided to give the 14-person crew a few hours of rest before what was expected to be a grueling port discharge lasting several days.

Moments after dropping anchor, the ship was boarded by three Iraqi young men who had climbed up the anchor chain. The bosun suffered permanent hearing damage after one of the pirates fired an AK 47 next to his ear. The assailants robbed the ship’s cash, roughing up the master in the process.

Afterward, the company reportedly blamed the captain for putting the crew at risk by dropping anchor instead of turning circles to kill time. A story circulated about the captain attempting suicide on the return leg to the U.S.

The report of a pirate attack upon a U.S. flag commercial vessel warranted no coverage by the mainstream media. And though the event was recounted before a Congressional sub-committee, it resulted in no measures being taken to adequately protect the lives of seafarers against piracy and terrorism. None of the crewmembers reportedly filed claims against their employer for putting them at extreme risk. This despite the fact that the company provided no security team even though the vessel was entering a high risk zone.

When the Maersk Alabama was hijacked in April, 2009, that event dominated news coverage from the first reports of the takedown through the rescue of Capt. Richard Phillips by SEALS. And unlike the Industrial Challenger attack, several crewmembers have filed a claim against their employer, Maersk Line Limited, for putting their lives needlessly at risk.

It is not only the risk of piracy, but of terrorism, that could potentially come into play regarding the evolving area of crew self defense case law.

With LNG tankers now arriving in Boston regularly from the Middle East, sailors could be in the bulls-eye of potential floating time bombs if one of those behemoth ships is targeted by terrorists.

On Monday, February 22, the first liquefied natural gas tanker from Yemen reached the Distrigas Terminal in Everett, Massachusetts. The Coast Guard approved the deliveries after a year-long review despite objections from numerous public officials including the Boston Mayor and State House Speaker.

They fear the risk attached to the ships from a nation linked to terrorism is too great.

The risk to shipping operators for crew liability should one of those prime targets be commandeered is to be ignored at their peril.

Learn your rights as a seaman by ordering free copy of The Insider's Guide to Winning Your Maritime Injury Case written by Jones Act and maritime accident injury lawyer Brian Beckcom.

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