Court Finds a Ferryboat Owner Cannot Limit Its Liability in a Fatal Boat Collision

An interesting decision involving the Shipowner’s Limitation of Liability Act was recently handed down in a ferryboat / speed boat collision case.  The accident occurred on February 16, 2013.  The ferryboat, carrying approximately five hundred passengers, was ten minutes into its thirty-minute voyage when it collided with the speed boat.  One man aboard the speed boat died from injuries and another was hospitalized.  No one aboard the ferryboat was hurt.   The captains of both the ferryboat and privately owned speed boat (pictured to the right) claim they did not see each other until it was too late to take corrective action to avoid the collision.  Evidence established that the ferryboat captain was using his mobile phone immediately prior to the accident.  The decedent’s estate and the injured victim claim that the ferryboat captain was distracted by using his phone and was therefore negligent in causing the fatal collision.

Court Finds a Ferryboat Owner Cannot Limit Its Liability in a Fatal Boat CollisionAn interesting decision involving the Shipowner’s Limitation of Liability Act was recently handed down in a ferryboat / speed boat collision case.  The accident occurred on February 16, 2013.  The ferryboat, carrying approximately five hundred passengers, was ten minutes into its thirty-minute voyage when it collided with the speed boat.  One man aboard the speed boat died from injuries and another was hospitalized.  No one aboard the ferryboat was hurt.   The captains of both the ferryboat and privately owned speed boat (pictured to the right) claim they did not see each other until it was too late to take corrective action to avoid the collision.  Evidence established that the ferryboat captain was using his mobile phone immediately prior to the accident.  The decedent’s estate and the injured victim claim that the ferryboat captain was distracted by using his phone and was therefore negligent in causing the fatal collision.

A favor tactic of defendants (and their insurance company appointed attorneys) in serious boating accidents is to file what is known as a petition for exoneration from or limitation of liability.  Under a century and a half old federal law, a defendant shipowner is allowed to file a lawsuit asking a federal judge to determine liability and to even limit an injured plaintiff’s recovery to the post lost value of the vessel.  This means that the damages available for plaintiff who is seriously injured could be capped at the value of a severally damaged vessel.  This federal law has been widely criticized by the courts some going as far as stating its, “a holdover from the days when encouraging commerce by sea was considered more important than providing full redress to victims of maritime accidents.”  Though generally not liked by the courts, the Limitation Act is still the law of the land and will be applied under the right circumstances.

In order to limit one’s liability under the federal law, the shipowner must provide that any negligence causing the accident was not within its “privity or knowledge.”  In order words, the shipowner was unaware and could not become aware of the negligent act where a reasonable investigation would have led to the request knowledge.  In this case, the owner of the ferryboat filed a limitation case in federal court arguing that it should be able to limit its liability to the value of the ferryboat at it was unaware the captain’s negligence of using his mobile phone.  The federal court rejected the ferryboat owner’s argument.  It found that there was no company policy that its captain could not use their phones when operating the ferryboats and that it knew that captains carried personal mobile phones while operated the ferries and permitted their use.  Based upon these factual finding, the court denied the ferryboat owner’s petition to limit liability to the vessel’s post loss value.

Court Finds a Ferryboat Owner Cannot Limit Its Liability in a Fatal Boat Collision Court Finds a Ferryboat Owner Cannot Limit Its Liability in a Fatal Boat Collision Court Finds a Ferryboat Owner Cannot Limit Its Liability in a Fatal Boat Collision Court Finds a Ferryboat Owner Cannot Limit Its Liability in a Fatal Boat Collision

Second Passenger Medevaced Off Carnival Triumph Within 10 Days

The Coast Guard is reporting that it has medevaced an 84-year-old passenger from the Carnival Triumph cruise ship on Wednesday October 5th. The cruise ship sent a request to Coast Guard Sector New Orleans to medevac a passenger suffering heart attack-like symptoms.

Second Passenger Medevaced Off Carnival Triumph Within 10 DaysThe Coast Guard is reporting that it has medevaced an 84-year-old passenger from the Carnival Triumph cruise ship on Wednesday October 5th. The cruise ship sent a request to Coast Guard Sector New Orleans to medevac a passenger suffering heart attack-like symptoms.

A MH-65 Dolphin helicopter crew from Coast Guard Air Station New Orleans, who hoisted the passenger while the ship was approximately 100 miles south of Southwest pass. The aircrew transported the passenger to Air Station New Orleans where a waiting ambulance took him to West Jefferson Medical Center. The man’s condition is unknown at this time.

Built in 1999, the Carnival Triumph can carry 3,143 passengers. The cruise ship is currently sailing scheduled routes from New Orleans. This makes the second time within 10 days the Coast Guard was called to medevac a passenger from the Carnival Triumph. The other case involved a 60-year-old female passenger.

Photo Credit: Coast Guard News

Second Passenger Medevaced Off Carnival Triumph Within 10 Days Second Passenger Medevaced Off Carnival Triumph Within 10 Days Second Passenger Medevaced Off Carnival Triumph Within 10 Days Second Passenger Medevaced Off Carnival Triumph Within 10 Days

Injured Carinval Cruise Passenger Medevaced off Louisiana Coast

The Coast Guard is reporting that it medevaced a 60-year-old woman passenger from the Carnival Triumph cruise ship. Coast Guard Sector New Orleans received a call at 8:43 pm on Monday, September 26th, from the Carnival Triumph requesting a medevac of one of its passengers who was injured during the cruise. The request was related to Coast Guard Station Venice who dispatched a 45-foot response boat which met the cruise ship approximately seven miles off the Venice, Louisiana coast at 9:39 p.m. The injured passenger and her husband were transported to emergency medical services at the Venice Coast Guard Station. The couple were then transported by ambulance to Ochsner Medical Center in Kenner. The passenger is listed in stable condition. It is unknown at this time what caused the injury. The Carnival Triumph is currently sailing a Western Caribbean itinerary from New Orleans.

Injured Carinval Cruise Passenger Medevaced off Louisiana CoastThe Coast Guard is reporting that it medevaced a 60-year-old woman passenger from the Carnival Triumph cruise ship. Coast Guard Sector New Orleans received a call at 8:43 pm on Monday, September 26th, from the Carnival Triumph requesting a medevac of one of its passengers who was injured during the cruise. The request was related to Coast Guard Station Venice who dispatched a 45-foot response boat which met the cruise ship approximately seven miles off the Venice, Louisiana coast at 9:39 p.m. The injured passenger and her husband were transported to emergency medical services at the Venice Coast Guard Station. The couple were then transported by ambulance to Ochsner Medical Center in Kenner. The passenger is listed in stable condition. It is unknown at this time what caused the injury. The Carnival Triumph is currently sailing a Western Caribbean itinerary from New Orleans.

Injured Carinval Cruise Passenger Medevaced off Louisiana Coast Injured Carinval Cruise Passenger Medevaced off Louisiana Coast Injured Carinval Cruise Passenger Medevaced off Louisiana Coast Injured Carinval Cruise Passenger Medevaced off Louisiana Coast

12 errors, just need to place

For every two fitness truths, there’s a lie, and sometimes it’s hard to determine which is which. (Especially when it’s something many of us have just assumed for as long as we can remember.) So, now presenting: Mythbusters, Fitness Edition. Letting go of these 12 fitness misconceptions will help you get better, faster, stronger, and more powerful. Flex on friend, flex on.

For the two fitness truth is a lie, and sometimes it is difficult to determine which is which. (Especially when it is something a lot of us are thought of as long as we can remember. ) So now: the Mythbusters, fitness. Let go of these 12 fitness begin will help you get a better, faster, stronger and more powerful. Flex friend on Flex.

Myth #1: strength training will make you loose.

The truth: it is to bulk up the women from the normal routine of strength training, because they do not have as much testosterone (the different levels of this hormone makes men more susceptible to bloat up) men is difficult. In fact, if your goal is weight loss, strength training can help you become thinner, but you must keep your nutrition in check, too. “Muscle is metabolically active,” explained Adam Rosante. Philip 30-second body of authors. Maintain lean muscle mass requires greater energy, he explained. “So, more lean muscle you have, the more calories your body will burn in” #Science. Intermission.

Myth # 2: you can focus on losing fat from certain parts of the body.

The truth: on-site training is not a thing. “The distribution of fat cells in your body as a whole,” said Rosante. “If you want to lose fat from a certain point, you need to lose body fat”. After high-intensity interval training can make a difference–and vigorous exercise, your body needs oxygen to help it in a higher rate of return to its natural state of rest. This process requires the body to work hard, burn more calories in the process. Strength training can help you achieve your goal too, because there are more lean muscle mass will help your body burn more calories at rest. (Sh-here are 10 crazy exercise to lose weight effectively. )

Myth #3: do some aerobic exercise is the best way to lose weight.

Truth: If your goal is weight loss, logging endless miles the treadmill isn’t always the best method. Yes the traditional aerobic exercise will help to create daily calories (in addition to a healthy diet), which is important for weight loss. But in the long run, because they have more lean muscle mass to help your body burn more calories at rest, you want to add to the deficit without doing something. The combination of high-intensity aerobic exercise and strength training is a good idea. Don’t forget that when it comes to weight loss, intelligent nutrition plan is the key.

#4 fallacy: don’t feel pain means you don’t get a good workout.

The truth: although sometimes connect pain and exercise intensity, how your muscles feel is not always a good indicator of solid sweat session. “Pain does not necessarily mean that it is a very good exercise–it just means a lot of pressure being applied to organizations,” said exercise physiology and coach Pete · McCall, Ms, hosts all about fitness podcasts. Fiji. “You can have a good workout, and won’t hurt the next day,” he said. Appropriate rehabilitation will help prevent Achy muscles. “Come on 30-45 minutes after the first, stay hydrated, and get plenty of sleep–all of which can help promote economic recovery and minimize the pain.”

Myths and #5: you should always give full effort during the exercise.

The truth: sort. You should try to stay focused, to live in the moment, and during every workout to 100%. But not every gym sessions upon request, balls to the wall strength levels. If you’re sore every day, this may be a sign that you will be too difficult. “It’s not a good idea in the exercise intensity too frequently too high – it will limit the recovery and can lead to overtraining,” McCall said. Ideally, in order to avoid too much stress on your body, you should only go extra hard two or three times a week.

Use machines and weights myth #6: strength training methods.

The truth: using resistance strength training means working your muscles – and resistance is not necessarily from a machine or you want to do it again. (Hello, killer bodyweight exercises! ) In addition to your own body weight, you can also use Kettlebells, medicine balls and resistance bands tools add resistance. Not around, like this? There are 13 incredible weight moves you can do at home.

#7 fallacy: sweat a ton means you vent your ass.

The truth: not necessarily. “You sweat because you core temperature rises,” explains exercise physiologist Tracy residential buildings, the founder of fitness. Yes, your muscles produce heat, so powerful when you exercise exercise increases your internal temperature, she explained, but it is there and you are inches “for example, you can no more sweating in the 40-degree weather in the 80-degree weather,” temperature, building explained.

The humidity also plays a role in the air. “It’s not sweating, you gradually cool, it is [sweat] evaporated. You will feel that you sweat more when it is wet because the sweat cannot evaporate. (This is also a reason to be careful to exercise in hot, humid climates, because your body temperature will be more and more).

Myth #8: crunches are good to exercise your abdominal muscles.

The truth: meh. Core crunches may not hurt you, but they are not the most effective exercise, you can strengthen your abdomen. “Work your AB muscles to design the most effective, when you stand up straight,” said McCall. Of course, there are many great ABS exercises, is not completely straight (for example, the perfect wood), but these four ABS move would set fire to the whole of your core.

Myths and #9: you must be at least 20 minutes of aerobic exercise, making it worth your.

The truth: you can be amazing aerobic exercise in less time by using high-intensity interval training. “High intensity aerobic exercise challenge the respiratory system work efficiently to deliver oxygen to the working muscles,” McCall said. “If the system is not working hard enough stressed that it does not require a long period of training results. “In addition, high intensity training creates the flame effect, which means you continue to burn calories, you’re done. One way is to break the dry land or 20 seconds of hard work, wait 10 seconds, eight rounds total, it added to the four-minute routine. Here is what you need to know about dry land.

Myths and #10: you need to stretch before exercising.

The truth: this is true, you should not only be immediately engaged in the exercises, dynamic warm-up instead of–you can save these static stretching after exercise. “Before your fitness goals should be to improve the mobility and flexibility of muscles,” said Rosante. It is best to use foam rolling and dynamic warm up, where your body moving (rather than holding stretches still). That work for your body and help you improve your campaigns, which means that you can deeply understand the scope of exercises (and enhance muscle ~ more ~). Try this five minute warm-up or warm up from this 30 minute workout.

Myth #11: Yoga is not the “real” exercise.

The truth: “people may write off Yoga Yoga image as a mild stretching series-they apparently did not take a strong yoga class,” says Rosante. ” My first one Jivamukti Yoga Center, then, is fundamentally a humiliating experience. It was one of my daily routine, for me the best supplement for body and soul. “While there are some happy relaxing yoga classes, more stringent types (such as yoga and power yoga) can certainly leave you sweating, sore throat, and satisfaction. Can’t go to class? Here is the stronger ABS, yoga flow sequences you can do at home.

Myths and #12: you should exercise every day.

The truth: not really–Hallelujah! When you are finished, you break down muscle fibers, so they can rebuild stronger. However, to do this, you need to give your body time to recovery from work. A day or two, active recovery days off per week goal–that is, to do something, do not put pressure on your body, like gentle stretching or walking. So, you are definitely out of that seven days a week workout program.

Patent Office interview request creates a new Automation (air) tools

The USPTO AIR is a new online interview scheduling tool that allows Applicants to request an interview with an Examiner for their pending patent application.

USPTO air is a new online interview scheduling tool that allows the applicant to ask for an interview candidates and examiners for their pending patent applications.

USPTO air forms are available here.

This is 21st century Government is keen for the type. You can fill in a very fast and simple form, offering his examiner interview date and time, digitally sign, and you’re done. Beautiful!

If you have questions or need assistance with the United States Patent and Trademark Office practice of air format or in USPTO interview, you may be contacted to interview experts or send an email to ExaminerInterviewPractice@USPTO.GOV.