Three injured crew members of a superyacht recently received a total jury award of nearly $29 million. The jury awarded the damages three years after a collision left them with physical and psychological injuries. The yacht, the Utopia IV, collided with a tanker, the Tropic Breeze, in Caribbean waters in December 2021.
Inadequate Watch Led to Collision
The accident occurred after both vessels had departed New Providence Island in the Bahamas on the evening of December 23. Both were underway when the yacht collided with the tanker. The tanker suffered significant hull damage and sank. The yacht suffered less damage and remained afloat. There were no fatalities in the incident, and the tanker crew was able to abandon ship.
A National Transportation Safety Board (NTSB) report concluded that both vessels were at fault for failing to keep a proper lookout “by all available means.” The Utopia IV was responsible for moving around the tanker, as it was the overtaking vessel.
On the other hand, the tanker should have maneuvered away from the oncoming yacht as soon as its crew realized the other vessel might strike it.
According to the NTSB, most of the fault is with the crew of the yacht. It found several issues in communication and bridge management. At the time of the collision, the bosun was the only crew in the wheelhouse. The captain had left the wheelhouse to check on guests. The bosun was not certified to perform watch by himself. He was multitasking at the time and was distracted from lookout duties.
Neither vessel reported seeing the other on radar, which was set to three miles. Based on factors involved, the NTSB estimated that no one on either vessel had looked at the radar in at least 12 minutes leading up to the collision.
Jury Award to Injured Crew
Three members of the yacht’s crew suffered physical injuries and filed a lawsuit under the Jones Act. They claimed negligence, unseaworthiness, and failure by the vessel’s owner to provide prompt maintenance and cure.
A deckhand suffered a fractured foot and received $591,000. An ETO had a fractured ankle and received $805,000. The chief engineer suffered whiplash and received $1,492,300. All three also reported suffering from PTSD after the accident.
The jury in the trial also awarded punitive damages because of delays in maintenance and cure payments. During the trial, Utopia Yachting LLC admitted to liability in the accident. It also admitted the captain was negligent when he left the bosun alone in the wheelhouse.
This example of a negligent collision illustrates how easily maritime workers can become injured on the job. Accidents happen quickly, and injuries are common. If you work in a maritime job and have been injured, contact a maritime lawyer for advice and to seek damages.