El Faro Lawsuit Filed on Behalf of Polish Families
Attorneys in Miami have filed a suit on behalf of the families of the five Polish crewmen on board El Faro when it disappeared in hurricane conditions on October 1.
The suit has been filed against the ship’s owner and the estate of its captain. Local media report that the primary claim of the lawsuit is that the captain kept sailing even after warnings that Hurricane Joaquin would rapidly intensify. It indicates that the ship’s operator had many opportunities to tell the captain to change route.
The lawsuit also alleges the El Faro was in need of repair. “It defies logic to think that a 40-year-old ship would be able to withstand the kind of force that hurricane Joaquin had,” said attorney Mike Winkleman of Lipcon, Margulies, Alsina & Winkleman.
The attorneys are confident that the black box, if found, will contain detail to support the alleged negligence.
“Many questions remain,” said the law firm in a blog on October 7. “For instance, why did the ship sail into the deadly storm? According to CNN, the company that owned El Faro reported that the ship lost power during the storm, making it impossible for the crew to avoid the worst of the winds. Yet, the maritime accident lawyers at our firm and other experts have questioned why the ship was on the water at all. Some have argued that the ship was too old to be seaworthy.
“At the end of the day, it is a captain’s ultimate decision about which course to chart. Captains generally keep a safe distance away from storms based on the National Hurricane forecasts. The higher the winds and the larger radius a storm takes up, the further away captains of ships will stay. As it stands, it isn’t clear whether the captain of the El Faro followed standard guidelines for navigating around a hurricane.
“There are a variety of factors that could have contributed to the captain’s decision. El Faro was a shipping vessel, and pressure to deliver goods on time may have been a factor in the captain’s decision to maintain the vessel’s course. Deadlines for delivery may have also factored into the captain’s choice to press on, despite storm warnings.
“Based on certain analyses, the captain would have been able to stay ahead of the storm, provided that all equipment maintained in working order...”
The 790-foot (241 meter) ship disappeared during a regular weekly run between Florida and Puerto Rico after the captain reported losing propulsion and taking on water. There were 28 U.S. seamen and five Polish contractors on board when the ship sailed from Jacksonville.
The El Faro wreck has now been located, but earlier this week, the U.S. National Transport Safety Board said that the bridge and black box have separated from the vessel and not been found.
Tote Services Inc has filed for exoneration from or limitation of liability in U.S. district court in Jacksonville, Florida citing U.S. maritime law and saying El Faro "was in all respects seaworthy and properly manned" and that it bears no responsibility for its loss. The move is understood to be an attempt to have all law suits relating to the death of the crewmembers heard in the same court.
If it prevails, the company’s liability could top out at $1 million, or about $30,000 per lost crew member, Kurt Arnold, a lawyer for one of the victim's families, said on Saturday. Arnold, of the Houston firm Arnold & Itkin, filed the fourth lawsuit against the company by families of its crew members.
A sixth suit was filed this week when Arnold also filed a lawsuit on behalf of Patrick Smith, the son of mariner Howard John Schoenly.