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inder
02-15-2004, 03:23 PM
Hi:
My nephew was working on a bulk carrier with a Hong Kong flag.
He died due to a gas leak on the ship, and based on the facts we have,
as a Cadet (with only 6 months of experiencE), he was not supposed to
be doing the job he was asked to perform. No precautions were taken
and there was no backup.

His citizenship is Indian, but I live in San Jose, CA.
Are there any US lawyers who can help me in filing a case against his
Hong Kong company?

-Thank you.
-Inder

Michael Jacobs
02-17-2004, 10:19 AM
gandoo99-lawsearch@yahoo.com (inder) wrote in message
news:<tmvv205762gmkqqt8obginti5er5ep0fj2@4ax.com>... Hi: My nephew was working on a bulk carrier with a Hong Kong flag. He died due to a gas leak on the ship, and based on the facts we have, as a Cadet (with only 6 months of experiencE), he was not supposed to be doing the job he was asked to perform. No precautions were taken and there was no backup. His citizenship is Indian, but I live in San Jose, CA. Are there any US lawyers who can help me in filing a case against his Hong Kong company? -Thank you. -Inder

Although there may be jurisdictional issues that would prevent a US
court from taking on this case if it had nothing to do with the USA,
there are some ways to bring it within US jurisdiction even when a
foreign national dies aboard a foreign flag ship. You should consult
a local lawyer who specializes in "Admiralty Law" (yes, I know, it
sounds like he should be wearing gold stripes instead of pinstripes,
but that's what it's called), the exclusively Federal body of law
governing suits arising on navigable waters. The lawyer can tell you
pretty quickly, based on the facts you supply in answer to his
questions, whether there is a chance of bringing suit in a US court or
not. I don't know about San Jose, which is somewhat inland, but can
tell you that San Francisco is crawling with admiralty lawyers. Best
first step is to ask a local San Jose lawyer you know and trust, and
he or she can help connect you with an experienced admiralty lawyer.
Sorry for your loss, and good luck,

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult a lawyer in a private
communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300

Christopher Green
02-18-2004, 10:51 AM
gandoo99-lawsearch@yahoo.com (inder) wrote in message
news:<tmvv205762gmkqqt8obginti5er5ep0fj2@4ax.com>... Hi: My nephew was working on a bulk carrier with a Hong Kong flag. He died due to a gas leak on the ship, and based on the facts we have, as a Cadet (with only 6 months of experiencE), he was not supposed to be doing the job he was asked to perform. No precautions were taken and there was no backup. His citizenship is Indian, but I live in San Jose, CA. Are there any US lawyers who can help me in filing a case against his Hong Kong company? -Thank you. -Inder

I am very sorry to hear of your loss.

There's lots of information, including a lawyer referral service that
I cannot vouch for (it's run by the Willis Law Firm, of Houston,
Texas), at http://www.jonesact.com/USC688/Default.htm

(The Jones Act is the U.S. law that permits an injured seaman, or the
estate of a deceased seaman, to sue the seaman's employer for
maintenance and cure, wrongful death, etc. Who the employer is and
whether the employer is sufficiently connected to the U.S. to come
under the Jones Act are not simple questions. You need a lawyer with
experience in maritime law to help you sort it out.)

--
Not a lawyer,

Chris Green

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
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