Legal Question in Admiralty Law in California

criminal activity for endangering a life and the statuteof limitations

a friend was a crew member for a large cruise line and was injured. Taken to hospital for ER surgery and then taken out of hospital prematurely by attorney for cruise line and put in hotel. then had bad infection and had tp be sent back to hospital for blood transfusions. was his life recklessly endangered by this cruise line's representatives? he has had to have seven operations and four more to go from this infection that deteriorated the bone. what i9s staute to sue? Need good admiralty attornery who works for plaitiff-no conflicts please.


Asked on 4/08/00, 5:00 pm

2 Answers from Attorneys

Peirce Hammond Baus, Hammond & Daly

Re: criminal activity for endangering a life and the statuteof limitations

Under general maritime law, a maritime employer owes

its injured employee maintenance and cure until the employee

reaches maximum medical cure. Cure is medical treatment. Maintenance

is a daily living allowance. If the employer does not properly

discharge its duty to care for its employees it may be held liable for

any increased injuries caused. In your case, it may have selected a physician

who was not qualified, it may have interfered in the

doctors treatment plan, or it may have just improperly refused to pay for

necessary treatment. I would have to know more about the facts of the case to give you

a definite opinion about the merits of a case for negligently discharging its cure obligation.

I am also assuming that your friend would be classified as a seaman, which he probably is.

Another issue, is how did he get hurt? Was the employer at fault for causing his injury.

There are many issues that would need to be explored to give an accurate response to your

question. I would be happy to discuss this with you further. You can call me at 504-569-0380 or e-mail at

[email protected]

Peirce A. Hammond

www.bhdlaw.com

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Answered on 4/24/00, 4:35 pm
Christopher Enge Law Offices of Christopher J. Enge

Re: criminal activity for endangering a life and the statuteof limitations

I am an admiralty attorney in San Francisco, but I don't do personal injury cases. Please contact me and I will give you the names of a couple of excellent plaintiff-side admiralty attorneys.

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Answered on 4/21/00, 2:42 am


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