Lawsuit by Ship Captain Kidnapped by Pirates, Dismissed
The dismissal was because the suit was brought in the wrong court. it wasn’t on the merits of the action. It was filed in Texas and the dismissal was based on the state of Texas not having jurisdiction over the suit. It can be filed again in a court with jurisdiction.
I am sure they knew that was a long shot! But a smart one, they would have a better chance of winning that law suite in Texas than in Louisiana!
I don’t understand how you can take the company to court for being boarded by pirates and kidnapped… Can someone please explain this one to me… You choose to work overseas, knowing the risk involved with going over there, and when shit hits the fan you sue the company. Is there something I miss? Please explain!
[QUOTE=josh.reid24;167134]I don’t understand how you can take the company to court for being boarded by pirates and kidnapped… Can someone please explain this one to me… You choose to work overseas, knowing the risk involved with going over there, and when shit hits the fan you sue the company. Is there something I miss? Please explain![/QUOTE]
It sounds like it’s because the company failed to adequately prepare the vessel for being in known pirate waters. Moreover, the company directed that Captain to transit an area particularly known for piracy, despite his objections.
Now, I’m not saying this guy isn’t trying to chisel a few dollars, just that his claim may not be as baseless as you imply.
Ok that makes sense now… That just didn’t make any sense to me… In my eyes, I want to go overseas one day and work and I know the consequence’s that can come with that and I’m prepared for that possibility to happen… That’s why I didn’t understand wtf his deal is… From my understanding even though the company said to do it, the captain has the last say so on wether or not it happens. In my eyes it’s his own fault for doing what he didn’t feel comfortable if the boat was not adequately prepared to enter pirated waters… Now I may be wrong, but doesn’t the captain have the last say so?
[QUOTE=josh.reid24;167137]Ok that makes sense now… That just didn’t make any sense to me… In my eyes, I want to go overseas one day and work and I know the consequence’s that can come with that and I’m prepared for that possibility to happen… That’s why I didn’t understand wtf his deal is… From my understanding even though the company said to do it, the captain has the last say so on wether or not it happens. In my eyes it’s his own fault for doing what he didn’t feel comfortable if the boat was not adequately prepared to enter pirated waters… Now I may be wrong, but doesn’t the captain have the last say so?[/QUOTE]
Nominally the captain does. But, in this case, the company said if he went a different way it would cost extra and they could lose the Chevron contract. The article didn’t come out and say it but I’m sure there was an implied thread of loss of job for that Captain also.
Makes alot of sense… Save money by going a shorter route, get boarded by pirates and now possibly going to have to pay even more then “going around” the pirated area cause your in a law suit!! Way to go Gary!
[QUOTE=josh.reid24;167137]Ok that makes sense now… That just didn’t make any sense to me… In my eyes, I want to go overseas one day and work and I know the consequence’s that can come with that and I’m prepared for that possibility to happen… That’s why I didn’t understand wtf his deal is… From my understanding even though the company said to do it, the captain has the last say so on wether or not it happens. In my eyes it’s his own fault for doing what he didn’t feel comfortable if the boat was not adequately prepared to enter pirated waters… Now I may be wrong, but doesn’t the captain have the last say so?[/QUOTE]
The term “master’s overriding authority” implies something much different then does “master authority” (a term which, it turns out, gets people riled up). The modifier “overriding” acknowledges that operational control of the vessel has shifted elsewhere, usualy ashore.
Many people have expertise in vessel operations including the master but the master is local and on-scene. Overriding authority is like having the power of the veto. However if the captain uses his veto power in way that is going to cost money, time or workload then the captain has to be prepared to justify his decision to veto the plan. Any perceived shortages in the master’s justifications have to be filled from the master’s credibility account. Too many withdrawals leads to a negative balance which cause the company to lose confidence in the master’s judgement.
Problem is if you take precautions and nothing happens it’s hard to prove they were justified. In this case it’d best to have good solid documentation, like something for UKMTO or the like with red and orange zones or a message from proper authorities with a clear warning. That’s how the game is played today.
Captain can just say he was getting the heebie-jeebies but it’s coming out of his account.
Sounds like damned if you do, damned if you don’t…
[QUOTE=josh.reid24;167217]Sounds like damned if you do, damned if you don’t…[/QUOTE]
It can come to that. If the vessel’s work is routine likely the issue never comes up. If you’re working in areas with more risk, uncertainties and/or smaller margins it’s best to have a good working relationship and trust in your boss ashore.
It’s hard to have that with a company that size… A company where you walk in the office and they know you on a first name basis your able to have a good working relationship with shoreside. But a company that size when you walk in the door needs your employee number before anything can be said or done… Been there, done that. I enjoy my mom & pop companies… I like not being a number for now… I guess it’s just a waiting game now to see how it will turn out… I would figure there would be some type of rules and/or regulations for entering into pirated areas… But I guess the problem is everywhere, save a dollar no matter the risk…
[QUOTE=josh.reid24;167226]It’s hard to have that with a company that size… A company where you walk in the office and they know you on a first name basis your able to have a good working relationship with shoreside. But a company that size when you walk in the door needs your employee number before anything can be said or done… Been there, done that. I enjoy my mom & pop companies… I like not being a number for now… I guess it’s just a waiting game now to see how it will turn out… I would figure there would be some type of rules and/or regulations for entering into pirated areas… But I guess the problem is everywhere, save a dollar no matter the risk…[/QUOTE]
Don’t know anything about this case one way or the other. However the company does not want to take unnessary risks with boats or crew any more then the captain does… If the captain did in fact have a good understanding of the risk involved he needed to communicate that to the company. Sometimes the ability to write an clear, concise email is an important skill.