A man from Louisiana alleges he suffered major shipboard injuries while on a company’s vessel, and recently filed legal action under the Jones Act. The injuries were allegedly caused by the ship suddenly being struck by a different vessel, causing the plaintiff to be thrown into a nearby wall and onto the floor.

Plaintiff Thanh N. says he sustained these shipboard injuries aboard the vessel Lovely Daddy, which is owned and operated by Sea Support Ventures LLC. According to the lawsuit, the accident occurred on June 27, 2018 at approximately 3 a.m., when the ship was struck by another boat causing the Lovely Daddy to abruptly stop.

During the time of the incident, Thanh says he was sleeping in his bunk. He alleges that he found himself violently thrown from his bed, causing him to crash into a nearby wall and fall onto the floor.

This incident allegedly caused Than to suffer serious injuries. The crash, he alleges, was due to the negligence of the captain of the other ship, the Melinda B. Adams, also owned and operated by Sea Support Ventures.

Overview of Shipboard Injuries

According to the lawsuit, Captain Hiep Van Pham had been operating the Melinda B. Adams. The plaintiff alleges that Pham was operating the ship in a dangerous manner. According to the lawsuit, Captain Pham had left the helm of the vessel to relieve himself, allowing the ships to drift too closely together.

The serious shipboard injuries Thanh reportedly suffered include damages to his cervical and lumbar regions of his spine, which has also interfered with his ability to work. Thanh says he has to also contend with severe pain and discomfort.

Thanh opted to file legal action after discovering Captain Pham’s negligent actions.  The lawsuit alleges Sea Support Ventures failed to implement proper safety equipment and failed to provide a safe work environment. This includes reportedly failing to install proper guardrails on the bunk where Than slept, as well as the failure of the captain on duty failing to prevent the collision.

The Jones Act

Under the Jones Act, sailors and other ship employees are entitled to compensation if they suffer shipboard injuries while aboard the vessel.

According to Marine Insight, there are some common shipboard injuries including:

• Capsizing
• Collisions
• Fires
• Explosions
• Accidents caused by Rough Waters
• Slip and Fall Accidents
• Food Poisoning
• Falling Objects
• Injuries from Construction

It is important to note that only employees who spend at least 30 percent of their time aboard the vessel or group of vessels under one ownership are applicable to file legal action under the Jones Act.

According to Investopedia, the Jones Act was enacted by the United States Congress in 1920, and was meant to help regulate maritime commerce and is considered very important to the rights of crewmen and other seamen.

Under the Jones Act, Thanh is seeking multiple damages for his shipboard injuries including loss of wages, physical and mental impairments, medical expenses, and other counts of negligence.

This Jones Act Lawsuit is Case No. 2:18-cv-14212-MLCF-KWR, in the United States District Court of the Eastern District Of Louisiana.