Maersk Alabama Crewmembers Sue - Maersk LIne Disregarded Warnings of Pirate Activity

Professional Mariner Forum
1

Here we go…

Nine crewmembers who were onboard the Maersk Alabama when the vessel was hijacked in 2009 off the coast of Somalia have sued Maersk Line and Waterman Steamship Corp. claiming the companies ignored warnings about Somali pirates and sailed too close to the Somali coast.

The complaint states that on or about April 6, 2009, Maersk Line and Waterman Steamship Corp. received notice and warning to sail at least 600 miles off the coast of Somalia because pirates were active in the region, but “through their officers, employees, and/or agents”, made the decision to sail the Maersk Alabama within approximately 250 miles off of the coast of Somalia, which lead to its hijacking.

“Defendants knowingly, intentionally and willfully sent their employees, including Plaintiffs, into an area where pirates were attacking merchant vessels,” the complaint states. “Despite knowingly exposing their employees and the Plaintiffs to such grave danger, Defendants failed to take adequate steps to provide appropriate levels of security and safety for their employees, including Plaintiffs.”

“Defendants showed a willful, wanton and conscious disregard for the safety of Plaintiffs and other officers and crew of the MAERSK ALABAMA and did so primarily for financial gain,” it adds.

Of course we all know the outcome of those decisions and this very topic has been heavily debated amongst the maritime community.

The crewmembers seek compensatory and punitive damages for physical injuries, negligence, wantonness, emotional distress, post traumatic stress disorder and sleep disorders, medical expenses and lost wages.

The complaint was filed in Mobile County circuit court, where both Maersk Line and Waterman Steamship Corp. have offices.

Captain Richard Phillips is not specifically mentioned in the complaint.

[B]The full complaint can be found HERE.[/B]

http://gcaptain.com/maersk-alabama-crewmembers/?44629

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I skimmed the complaint quickly. Did anyone notice the subject/verb agreement issues? There was also a prominent typo.

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I dont know if this is the same lawsuit as last line reguarding this ship, but the last one was filed by the cooks. they were upset, ahem, “emotionally distressed” to the point the could no long work at sea, because they were not consulted when the saftey bulletin came out. they were asking for like 35-38 MILLION…

Every one checks with the cook about where to sail at, dont they??? Yup, what I thought.

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Captain Philips actions were honorable. And now his whining crew are going to ruin their place in history for an attempt at some $$$. Sad.

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And we wonder why all of these companies don’t like to employ Americans.

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[QUOTE=curtgetz;67322]Captain Philips actions were honorable. [/QUOTE]
You seriously believe that?

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[QUOTE=brjones;67330]You seriously believe that?[/QUOTE]

What do you know about Philips that we don’t?

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[QUOTE=Jetryder223;67331]What do you know about Philips that we don’t?[/QUOTE]
What did he do that was so admirable? He sailed a ship into pirated waters and was taken hostage? How is that admirable. The Chief Engineer was the one who prevented that ship from being taken.

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Just for the record I do not agree with the crew lawsuit

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Does anyone know what the average starting pay for a deckhand on a crewboat based out of louisiana?

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[QUOTE=brjones;67334]What did he do that was so admirable? He sailed a ship into pirated waters and was taken hostage? How is that admirable. The Chief Engineer was the one who prevented that ship from being taken.[/QUOTE]

Well, the story I read is he volunteered to trade himself for the release of the crew. Am I wrong on this?

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[QUOTE=Jetryder223;67342]Well, the story I read is he volunteered to trade himself for the release of the crew. Am I wrong on this?[/QUOTE]

Richard Phillips, the ship captain toasted as a hero after he was taken captive by Somali pirates, ignored repeated warnings last spring to keep his freighter at least 600 miles off the African coast because of the heightened risk of attack, some members of his crew now allege.
Records obtained by The Associated Press show that maritime safety groups issued at least seven such warnings in the days before outlaws boarded the Maersk Alabama in the Gulf of Aden, about 380 miles offshore.
A piracy expert and the captain’s second-in-command say Phillips had the prerogative to heed the warnings or not. But some crew members – including the chief engineer, the helmsman and the navigator – say he was negligent not to change course after learning of pirate activity.

“If you go to the grocery store and eight people get mugged on that street, wouldn’t you go a different way?” said the ship’s navigator, Ken Quinn.
Sailing beyond the 600-mile threshold would have added more than a day to the Alabama’s voyage to Mombasa, Kenya, and used extra fuel, according to the ship’s previous captain, who said Phillips had years of experience sailing in those dangerous waters.
Four of the 20 crew members told the AP that they blame Phillips for the hijacking.
“He caused this, and we all know it,” said chief engineer Mike Perry. “All the Alabama crew knows about it.”

There is also some question as to whether he “volunteered” to be taken hostage. The true heros are the ones that capped the pirates. Fuel saving bonus may have played into this too, who knows? It will come out in the suit, if it makes it to court.

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[QUOTE=Jetryder223;67342]Well, the story I read is he volunteered to trade himself for the release of the crew. Am I wrong on this?[/QUOTE]
During his captivity, Phillips was initially reported to have offered himself as a hostage in exchange for his crew’s safety. In an Oct. 19 interview with AP, he said that was not true and insisted he never volunteered, as crew members and his family reported at the time.

Phillips, 54, said he was already a hostage when he struck a deal with the pirates to trade him for their leader, who had been taken by the Maersk Alabama’s crew. The pirates reneged, he said.

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[QUOTE=KennyW1983;67328]And we wonder why all of these companies don’t like to employ Americans.[/QUOTE]

If the crews of foreign flag ships could file suits and win the kind of money American crews can, this piracy problem would have been shut down as soon as it began. As it is owners can let crews rot in Somali with no worries except loss income from the ship being delayed.

K.C.

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[QUOTE=Clear Solution;67320]
Every one checks with the cook about where to sail at, dont they??? Yup, what I thought.[/QUOTE]

Gee, I thought the boat was run FROM the galley. Harrumph. There must be some more opinions out there?!

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[QUOTE=cappy208;67418]Gee, I thought the boat was run FROM the galley. Harrumph. There must be some more opinions out there?![/QUOTE]

Nope. Any cook that I ever sailed with was convinced that he ran the vessel. . .

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Thought it was the Chief Engineer.

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[QUOTE=Tugted;67423]Thought it was the Chief Engineer.[/QUOTE]

You would be correct, though.