A recent case covered in part by Louisiana maritime laws demonstrates the difficult procedural aspects of litigating maritime accident cases. Two crewmembers died and others were injured when a hook used to secure a lifeboat to a ship suddenly opened and caused the lifeboat to fall to the water.

After the offshore company that owned the boat settled this matter out for $2 million, the offshore company then brought an indemnification claim against a lifeboat equipment maker that supplied the hook that was used to secure the lifeboat. The judge has since dismissed the federal indemnity claim because the equipment maker's name was not previously included in the pleadings.

Because of the complexity of such claims, it would be highly recommended to seek the advice, counsel and representation of an attorney experienced in handling maritime claims before proceeding with such a lawsuit. Though it did not occur for the plaintiffs in this particular lawsuit, the failure to name a defendant in the original filings could mean the difference between adequate compensation and missing out on restitution that such parties might be entitled to gain.

Also, simply because a federal indemnity claim failed did not mean that the above defendant offshore company was out of other options. Though the circumstances are limited, a common law indemnity claim might still be brought in the above matter. For such a party to bring this, the court has asked that such an issue be "more fully briefed or developed at trial."

Though many hoops may have to be jumped to bring a successful claim, every maritime lawsuit must be handled on a case-by-case manner.

Source: Courthouse News Service, "No Resolution in Suit Over Lifeboat Tragedy," by Bonnie Barron, Jan. 31, 2012