IN A CASE WHERE AN INJURED PARTY SUFFERED A FALL DURING A TRANSPORT FROM A VESSEL TO A FIXED PLATFORM, THE OUTER CONTINENTAL SHELF LANDS ACT, 43 U.S.C.S. § 1331, DID NOT APPLY WHERE THE EVIDENCE SHOWED THAT THE INJURED PARTY NEVER MADE IT TO THE PLATFORM
JESSIE BELL VERSUS AMERICAN INTERNATIONAL GROUP, ET AL.
COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT
2007 La. App. LEXIS 151
February 7, 2007, Opinion Rendered
PROCEDURAL POSTURE: Plaintiff injured party challenged a decision from the Fifteenth Judicial District Court (Louisiana), which sustained an exception of prescription filed by defendant owner and dismissed a personal injury claim.
OVERVIEW: The injured party was transported by a vessel to a fixed platform. During transfer to the platform, the injured party fell due to the jerking of a personnel basket. Thereafter, he filed a personal injury action against the owner and others. An exception of prescription was sustained, and this appeal followed. In affirming, the appellate court determined that the trial court did not err by designating the judgment as a final judgment under La. Code Civ. Proc. Ann. art. 1915. The judgment dismissed the claims against the owner, but had no effect on the claims against the other parties. Next, the appellate court rejected the argument that the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.S. § 1331, applied. The alleged negligence in this case occurred on navigable waters because the injured party never made it off the vessel and onto the fixed platform. Under general maritime law, the owner owed a duty of reasonable care toward those aboard the vessel, which included the provision of a safe manner of ingress and egress. Therefore, the claim was prescribed under the Uniform Statute of Limitations for Maritime Torts, 46 U.S.C.S. § 763(a).
OUTCOME: The decision was affirmed.
