Announcement

Collapse
No announcement yet.

A Tragedy of Extreme Magnitude

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • A Tragedy of Extreme Magnitude

    Dear All-

    As ya'll should know, our firm practices Truck Accident Litigation, FELA and Maritime Litigation. I normally [and naturally] confine our FELA stuff to this site; however, in my professional life, I have never handled a case in such an incredible [and completely avoidable] tragedy as what occurred in the Gulf of Mexico on Tuesday at 2200HRS. I am proud to say that our firm was looked to first in this instance. It is such an extreme case, I thought I would share some of our pictures and comments at: Deepwater Horizon Oil Rig Explosion off Louisiana Coast.

    It is a sad day in the maritime industry. The amount of money that is made by the oil companies versus the amount of money set aside in the budgets for safety is, and has been, an industry-wide problem. I am hoping that this event will cause a change in that. Working offshore, or upon the inland waterways for that matter, is dangerous work naturally; but when you had oil and/or gas in the mix, it can become deadly all too quick.
    Steve Gordon
    Gordon, Elias & Seely, L.L.P.
    FELA Lawyer
    FELA Lawyer Blog
    Serving Injured Railroad Employees Nationwide
    Call for a FELA Lawyer 24/7/365
    800-773-6770

  • #2
    39 instances of a fire aboad those types of rigs in less than 2 yrs?
    It "sounds" like pressure building inder the marine caps is an ongoing issue, and had been a cause of fires previous to this, so prior knowledge of the issue weighs against the companies owning the rigs and doing the drilling.
    Also sounds like issues involving not only the safety of the firms owning the rigs, but also the requirements safety wise of the "contractors" aboad who do the drilling, casement work etc....
    Just out of curiousity with a rig like that what sort of laws apply? Maritime law? Are there OSHA requirements? Just curouis

    Comment


    • #3
      Originally posted by Excon421 View Post
      39 instances of a fire aboad those types of rigs in less than 2 yrs?
      It "sounds" like pressure building inder the marine caps is an ongoing issue, and had been a cause of fires previous to this, so prior knowledge of the issue weighs against the companies owning the rigs and doing the drilling.
      Also sounds like issues involving not only the safety of the firms owning the rigs, but also the requirements safety wise of the "contractors" aboad who do the drilling, casement work etc....
      Just out of curiousity with a rig like that what sort of laws apply? Maritime law? Are there OSHA requirements? Just curouis
      Dear Excon- The field of maritime law is, besides contract law, the oldest body of law known to man. It certainly dates back "on the books" to the Vikings. Interestingly, in the U.S., the common law of England, save and except, in Louisiana which adopted the Napoleonic Code [which also has similar maritime laws], all states' legislatures adopted the law of the sea found in Britain. It was not until around 1916 through 1920 that the U.S. Congress "statutorily" recognized and created the "Jones Act". As you know, FELA was created and adopted by the U.S. Congress in 1908. The Jones Act, named after a Senator from Washington State [Senator Wesley Jones], in large part, followed FELA. In fact the reason you see many lawyers that reside near coastal areas practicing FELA & Jones Act, is because of their similarities, i.e., when someone is injured, they are not covered by workers' compensation and must sue their employer and "prove fault". In that sense the Jones Act and FELA are exactly the same. In fact, the Jones Act specifically adopts the substantive case law from FELA as its governing substantive law!

      This case, just like in a FELA death, is considered a wrongful death case. Unfortunately for the decedent, and his/her family, the law governing what damages are available is, plainly put, atrocious.

      The elements of damages are:
      (1) conscious pain and suffering of the decedent. This is always an area that is "fought" between the company and the family;
      (2) medical expenses incurred, if any, just prior to death and burial expenses of the decedent;
      (3) The remaining damages are what is called the "pecuniary" value damages. Pecuniary simply means economic. So, for instance, what is the economic value of a father doing homework with their child, or taking them to the ball park. What is noticeably missing here is the mental anguish suffered by the child due to the father's or mother's loss. This same analysis is applied to the spouse's claim but, they also cannot sue for their mental anguish; and
      (4) there may be an arguable chance for the recovery of punitive damages under certain circumstances.

      There have been some discussions by the American Association of Justice [AAJ] to lobby for a congressional change in the law on this but, unfortunately, there are so many huge issues to tackle, this kind of issue takes a back burner.

      OSHA does not apply to "vessels" and this was a semi-submersible drill ship. These drill ships have been judicially held to be vessels. There are industry regulations set-out by the Department of Energy, United States Coast Guard, Mining and Minerals Management and there are, of course, environmental issues. Finally, just plain old negligence, under the Jones Act applies.

      You are very astute by pointing out that the company has knowledge. As this very large and detailed piece of litigation traverses its way through the courts, it will be very interesting to see what actually happened out there and why the policies were in force to let it happen.

      I hope this answers, be it all to shortly, your questions.
      Steve Gordon
      Gordon, Elias & Seely, L.L.P.
      FELA Lawyer
      FELA Lawyer Blog
      Serving Injured Railroad Employees Nationwide
      Call for a FELA Lawyer 24/7/365
      800-773-6770

      Comment


      • #4
        congrats on getting this case.if I get hurt I know who I'm contacting.
        -sigpicLet's All Hunch!

        Comment


        • #5
          Originally posted by Hog&Tow View Post
          congrats on getting this case.if I get hurt I know who I'm contacting.
          Thank you. It truly is an honor to represent this family.

          On the other issue, I hope you, and especially your family, never call us, other than to say: "There will be 4 for dinner!"
          Steve Gordon
          Gordon, Elias & Seely, L.L.P.
          FELA Lawyer
          FELA Lawyer Blog
          Serving Injured Railroad Employees Nationwide
          Call for a FELA Lawyer 24/7/365
          800-773-6770

          Comment


          • #6
            Steve,
            Wanted to say my hat is off to you (& your firm.) You have my utmost respect. I was listening to NPR on the way to work today & caught the interview they did with you & another lawyer. (Steve & "the other lawyer" are the only 2 representing the victims interests at this point according to what I heard on NPR.) I was proud to hear our "Fela Fella" on the air. We appreciate what you've done for us here & we appreciate you kicking the ass of the big oil company who could give a sh!t about the oil worker or his family. I can't imagine what a long road this will be to a verdict or settlement, but it is indeed a noble & worthy fight. Give 'em hell brother!!

            :You_Rock_Emoticon:
            Standard lengthy disclaimer / warning / terms of use: All postings by "NSRLink" are fictional, public information, for entertainment purposes only, should never be taken seriously, and in no way should be construed to represent the positions, views, ideas, or thoughts of any railroad carrier, person, entity, organization, or otherwise. By reading anything posted or associated with the user ID, "NSRLink," any entity agrees they shall not be offended, harmed, sad, defamed, inflamed, upset, mad, harassed, have their feelings hurt, or similar. Parties or entities not agreeable to these "terms of use" are hereby required to block this profile "NSRLink" and agree to not read or view posts so they will no longer be offended, harmed, sad, defamed, inflamed, upset, mad, harassed, have their feelings hurt, or similar in any manner, and may do so via UserCP "Edit ignore List" & adding "NSRLink" to the list. Thank you & good day to you.

            Comment


            • #7
              Thank you very much. Actually there are about 6 total law firms representing the dead and countless injured and, of course, many law firms spanning over four states for the environmental damages. Either way, as I indicated in my first post, our firm is humbled in working on this case and I can assure you that not only will these victims be compensated but regulations will be put in place so this disaster should never occur again absent a complete disregard for those regulations which unfortunately can occur when profits are place over safety.

              The manner that these folks were "handled" by BP and Transocean after this explosion is reprehensible conduct and offends the conscience. They would not let them even call home and made them stay offshore for over 20 hours while the lawyers statementized them and drug tested them only to protect the company's interests.

              Needless to say, this is "insult to injury" and this conduct only adds to the emotional trauma of these dedicated workers.
              Steve Gordon
              Gordon, Elias & Seely, L.L.P.
              FELA Lawyer
              FELA Lawyer Blog
              Serving Injured Railroad Employees Nationwide
              Call for a FELA Lawyer 24/7/365
              800-773-6770

              Comment


              • #8
                Do you guys have to memorize that? At our union meeting we had a FELA attorney, from Houston maybe. Anyways, he quoted what you said almost word for word. LOL.


                The field of maritime law is, besides contract law, the oldest body of law known to man. It certainly dates back "on the books" to the Vikings. Interestingly, in the U.S., the common law of England, save and except, in Louisiana which adopted the Napoleonic Code [which also has similar maritime laws], all states' legislatures adopted the law of the sea found in Britain. It was not until around 1916 through 1920 that the U.S. Congress "statutorily" recognized and created the "Jones Act". As you know, FELA was created and adopted by the U.S. Congress in 1908. The Jones Act, named after a Senator from Washington State [Senator Wesley Jones], in large part, followed FELA. In fact the reason you see many lawyers that reside near coastal areas practicing FELA & Jones Act, is because of their similarities, i.e., when someone is injured, they are not covered by workers' compensation and must sue their employer and "prove fault". In that sense the Jones Act and FELA are exactly the same. In fact, the Jones Act specifically adopts the substantive case law from FELA as its governing substantive law!
                All postings by BadOrderKing are public information, works of fiction, sometimes resembling the rants of a madman and in no way should be construed to represent the positions, views, or thoughts of any particular railroad carrier. No one listens to him anyway.

                Comment


                • #9
                  I found it interesting that TransOcean had "form letter like statements" for the employees to sign & date. May be a standard practice, I don't know, but any time I've ever had to write my own, I always add something at the end like: this is to my best knowledge /recollection, my nerves are shot now. Statements have a way of coming back on you later & I can't see me signing anything pre-printed that's supposed to be "nmy statement."

                  When the report was talking about how TransOcean (basically) sequestered the employees while they assembled their legal team, I was thinking man, that sounds like something the railroads would do. What a bunch of dickheads.
                  Standard lengthy disclaimer / warning / terms of use: All postings by "NSRLink" are fictional, public information, for entertainment purposes only, should never be taken seriously, and in no way should be construed to represent the positions, views, ideas, or thoughts of any railroad carrier, person, entity, organization, or otherwise. By reading anything posted or associated with the user ID, "NSRLink," any entity agrees they shall not be offended, harmed, sad, defamed, inflamed, upset, mad, harassed, have their feelings hurt, or similar. Parties or entities not agreeable to these "terms of use" are hereby required to block this profile "NSRLink" and agree to not read or view posts so they will no longer be offended, harmed, sad, defamed, inflamed, upset, mad, harassed, have their feelings hurt, or similar in any manner, and may do so via UserCP "Edit ignore List" & adding "NSRLink" to the list. Thank you & good day to you.

                  Comment


                  • #10
                    Video - Breaking News Videos from CNN.com
                    Steve Gordon
                    Gordon, Elias & Seely, L.L.P.
                    FELA Lawyer
                    FELA Lawyer Blog
                    Serving Injured Railroad Employees Nationwide
                    Call for a FELA Lawyer 24/7/365
                    800-773-6770

                    Comment


                    • #11
                      Originally posted by BadOrderKing View Post
                      Do you guys have to memorize that? At our union meeting we had a FELA attorney, from Houston maybe. Anyways, he quoted what you said almost word for word. LOL.
                      Promise...the explanation [whether bad or good] was all me.
                      Steve Gordon
                      Gordon, Elias & Seely, L.L.P.
                      FELA Lawyer
                      FELA Lawyer Blog
                      Serving Injured Railroad Employees Nationwide
                      Call for a FELA Lawyer 24/7/365
                      800-773-6770

                      Comment


                      • #12
                        Looks like a good piece will be on CNN tonight at 10pm eastern/9pm central - Anderson Cooper's AC360 - on what sounds like deadly shortcut taken by BP right before the rig exploded.

                        Rig survivors: BP ordered shortcut on day of blast - CNN.com

                        Comment


                        • #13
                          Just watched the segment I had saved on my DVR.

                          Some of the comments made by the surviving workers about BP taking shortcuts to improve bottom line, about how safety is there only when it's convenient, ect.; all this mirrors the rail industry. The FRA pretends to regulate the rail industry and the rail industry pretends to be regulated by the FRA. Makes me wonder how long it will be before the rail industry sees something of the magnitude like this oil rig disaster? If it weren't for the FELA law and people like Steve Gordon to enforce it, I would suspect that disaster would already have happened. Thanks Steve!

                          HB
                          "Never argue with an idiot; people watching might not be able to tell the difference".

                          Posts by Hornblower are merely opinions of Hornblower and are for entertainment only. Hornblower does not represent any railroad anywhere. Feel free to pass over any post that offends you.

                          Comment

                          Working...
                          X