The US Court of Appeals for the Fifth Circuit recently issued a decision affirming the assessment of contributory negligence against a seaman injured while following an order of the vessel captain.

In Andrew Lee Knight v. Kirby Offshore Marine Pacific, LLC, the plaintiff seaman incurred an ankle injury while working aboard a tugboat owned and operated by his employer. On the day of the plaintiff’s incident, the vessel captain ordered the plaintiff and another crewmember to change out a stern line because it had become worn or chafed. At the time the order was given, the weather involved winds of at least 20 miles per hour, with four-foot seas. After plaintiff and his crewmate removed the chafed line, they placed it on the deck next to where they were working. While installing the new stern line, plaintiff stepped on the chafed line and injured his ankle. Plaintiff claimed that the rocking of the vessel due to the high winds and four-foot seas caused him to lose his balance. Continue reading >