Alabama Marine Fire and Explosion Attorneys
Alabama Marine Fire and Explosion Attorneys
The Mobile River and the Alabama Gulf Coast serve as some of the most active maritime corridors in the United States. From the sprawling facilities at Alabama Shipyard on Dunlap Drive to the constant movement of tugs and barges near the Port of Mobile, the presence of fuel, high-voltage electrical systems, and pressurized machinery creates a persistent risk of fires and explosions. These incidents are rarely simple accidents; they are often the catastrophic result of equipment failure, poor maintenance, or a lack of safety oversight.
What are the Common Causes of Maritime Fires and Explosions in Alabama?
Marine fires and explosions typically occur due to a combination of mechanical failure and human negligence involving fuel systems, electrical components, or “hot work” such as welding. In the confined spaces of a vessel or a dry dock, even a minor leak or a single spark can lead to a localized flash fire or a massive hull-breach explosion.
While every case is unique, several factors frequently contribute to these disasters on Alabama waters:
- Fuel and Oil Leaks: Vibrations from heavy engines can loosen hose clamps or cause fuel lines to chafe and rupture, spraying flammable fluids onto hot engine manifolds or turbochargers.
- Electrical System Failures: Corroded wiring, overloaded circuits, and the use of non-marine grade chargers are leading causes of fires, especially on older vessels berthed in marinas like Dog River Marina or near the Mobile River.
- Negligent “Hot Work”: Welding, cutting, or grinding in areas that have not been properly “gas-freed” or cleared of flammable vapors can ignite trapped gases in ballast tanks or double bottoms.
- Battery Malfunctions: Improper battery installation or the accumulation of hydrogen gas in poorly ventilated compartments creates a high risk of sudden explosions.
- Cargo Volatility: The transport of hazardous chemicals or lithium-ion batteries through the Port of Mobile requires strict adherence to ventilation and storage protocols; failure to do so can lead to spontaneous combustion.
How Does the Jones Act Protect Seamen Injured in a Vessel Explosion?
The Jones Act is a federal law that allows “seamen” to sue their employers for negligence if that negligence played any part however small in causing an injury or explosion. Under this statute, the burden of proof is significantly lower than in traditional land-based personal injury cases, often referred to as a “featherweight” burden of proof.
To qualify for protection under the Jones Act, a worker must typically spend a significant amount of time (generally 30% or more) as a crew member on a vessel “in navigation” on navigable waters like the Tennessee-Tombigbee Waterway or the Gulf of Mexico. If your employer failed to provide a safe workplace, failed to train the crew in fire suppression, or ignored known equipment defects, they can be held liable for your damages.
Beyond negligence, the Doctrine of Unseaworthiness provides an additional layer of protection. This requires a vessel owner to provide a ship that is reasonably fit for its intended use. If a fire was caused by a defective valve, a malfunctioning fire extinguisher, or an incompetent crew, the owner may be held “strictly liable” for the resulting harm, regardless of whether they were specifically aware of the defect.
What Should I Do Immediately After a Marine Explosion in Alabama?
If you are injured in a marine explosion, your first priority must be seeking specialized medical care at a Level 1 trauma center or a dedicated burn unit. In the Mobile area, the Arnold Luterman Regional Burn Center is the primary facility for treating severe thermal, chemical, and electrical burns.
Success in a subsequent legal claim depends heavily on the actions taken in the hours and days following the incident:
- Report the Incident: Ensure the captain or supervisor makes a formal entry in the ship’s log and files an accident report with the Alabama Marine Patrol if the damage exceeds $2,000.
- Preserve Evidence: If possible, take photographs of the site of the explosion, the specific equipment involved, and any visible lack of safety gear or warning signs.
- Identify Witnesses: Collect contact information for fellow crew members, shipyard contractors, or nearby boaters who witnessed the flash or heard the explosion.
- Avoid Recorded Statements: Insurance adjusters for the vessel owner or the shipyard may attempt to take a statement while you are still hospitalized or under the influence of pain medication; you are not legally required to provide one without an attorney present.
- Consult a Maritime Attorney: Because maritime law involves strict filing deadlines—such as the three-year statute of limitations for the Jones Act or the much shorter one-year notice period for the Longshore and Harbor Workers’ Compensation Act (LHWCA)—early legal intervention is vital.
Understanding the Legal Distinction: Jones Act vs. LHWCA
Determining which law applies to your injury is the most critical step in a maritime case. The remedies available under the Jones Act differ substantially from those under the LHWCA.
The Jones Act (For Seamen)
This applies to masters and crew members of vessels. It allows for the recovery of:
- Maintenance and Cure: Automatic payments for daily living expenses and medical care until you reach maximum medical improvement.
- Full Damages: The right to sue for pain and suffering, mental anguish, and loss of future earning capacity if negligence is proven.
The LHWCA (For Land-Based Maritime Workers)
This applies to ship repairers, welders, and longshoremen working at facilities like Austal USA or BAE Systems.
- No-Fault Benefits: You do not have to prove the employer was negligent to receive medical coverage and two-thirds of your average weekly wage.
- Section 905(b) Claims: While you generally cannot sue your employer, you may be able to sue the owner of the vessel you were repairing if their negligence caused the fire.
Third-Party Liability in Marine Fire Cases
In many shipyard accidents, the fault lies with someone other than your direct employer. These are known as “third-party claims” and can be pursued alongside your workers’ compensation or LHWCA benefits.
Common third-party defendants in Alabama marine fire cases include:
- Equipment Manufacturers: If a fire was caused by a defective winch, a poorly designed stove in the galley, or a faulty electrical component, the manufacturer may be liable under the Alabama Extended Manufacturer’s Liability Doctrine (AEMLD).
- Subcontractors: If a worker from a different company on the same job site caused an explosion through negligent hot work or improper storage of chemicals.
- Vessel Owners: Under Section 905(b), a ship repairer can hold a vessel owner accountable for failing to warn of hidden hazards or for negligence by the ship’s remaining crew.
A successful third-party claim is often the only way to recover non-economic damages like pain and suffering, which are not provided by standard compensation acts.
FAQs
How long do I have to file a lawsuit after a boat explosion in Alabama?
Can I still recover compensation if I was partially at fault for the fire?
What is "Maintenance and Cure" and does it apply to me?
I work in a Mobile shipyard but I'm not a crew member. Am I covered?
What if the explosion happened at a private marina like Dog River?
Does maritime law cover emotional trauma like PTSD after a fire?
What is a Section 905(b) claim?
Are "un-documented" or cash workers entitled to maritime rights?
Speak With Our Alabama Maritime Injury Attorneys
When a fire or explosion occurs on a vessel or in a shipyard, the resulting legal battle is often as complex as the industrial environment where it happened. You are likely facing powerful insurance companies and vessel owners who have teams of investigators on the scene within hours. You deserve a legal advocate who understands the nuances of the Southern District of Alabama federal court and the specific operations of the Gulf Coast maritime industry.
At Fuquay Law Firm, we are committed to holding negligent parties accountable and securing the financial future of those who keep Alabama’s ports running. We take the time to investigate the root cause of every explosion, whether it was a design flaw in a new engine or a supervisor’s decision to skip a safety check.
Contact our Mobile office today at (251) 473-4443 for a free and confidential consultation. We will help you understand your rights and chart a course toward the justice and compensation you deserve.
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After an accident at sea, in which we almost died, Richhard was able to get us physical and mental treatment, so badly needed. He also represented us and that led to a positive conclusion. Google Harry Harry Burgess World Fishing Magazine for the story of rescue and survival. I highly recommend Richard Fuquay. Honest, very ethical and knowledgeable.
Mr. Fuquay is unparalleled in the practice of labor and employment law and admiralty and maritime law. His ethical standards are above reproach. If any lawyer deserves an AV rating, it is Mr Fuquay.
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