Plaintiff, an employer of Max Welders, was working as the borrowed employee of Wild Well, a subsidiary of Superior, when he sustained injuries while welding on an offshore platform. Plaintiff filed suit against all defendants under, inter alia, the Jones Act, 46 U.S.C. 30104. Superior and Wild Well filed a cross-claim for indemnity from Max Welders pursuant to a Master Service Agreement (MSA) or, in the alternative, Vessel Boarding, Utilization, and Hold Harmless Agreement (VBA) between Superior and Max Welders. The court affirmed the district court's grant of summary judgment to defendants on the Jones Act claims because it found that plaintiff was not a Jones Act seaman. The court also affirmed the district court's grant of summary judgment to Max Welders on indemnity because 1) the MSA was void under Louisiana law and 2) the VBA did not apply to plaintiff’s work.
If a claim or lawsuit is brought against you, Louisiana law has numerous immunity statutes that either grant total immunity or limitation of liability. It is advisable that if there is a claim against you or you are sued, consult an attorney concerning whether you may be immune or have limited liability, whether it is personal injury, commercial, corporate, limited liability company, or otherwise.
By example, a property owner was not held liable for injuries to a person who was riding a lift that broke at the property owner’s camp. The court held there was no be liability because the property owner was entitled to Recreational Immunity.
If you have questions on your liability, please contact Hebert & Marceaux for an appointment.
This is for information only and not legal advice. An attorney should be consulted on a particular case or situation.
- The Jones Act and Indemnity Under an MSA and LOIA
- The Terrebonne Parish Courthouse History
- Swayze v. State Farm Mutual Auto. Ins. Co. 2014-C-1899 - City Court Jurisdiction
- Liability for Hearing Loss as a Result of Noise - Louisiana Supreme Court Addresses the Issue
- Immunity and/or Limitation of Liability/Rights
- Commercial/Corporate/Limited Liability Company/Contracts/Litigation/Employer/ Employee/Insurance/Construction Leases/Agreements/Rights.
- Divorces/Family Law/Separation/Child Support/Child Custody/Community Property/Domestic Abuse/Rights
- Personal Injury/Automobile/Motor Vehicle/Maritime Vessel/Drilling Rig/Boats/Motorcycle/18 Wheeler – Wrecker and/or Accidents/Rights/Workers Compensation
- Successions/Wills/Powers of Attorney/Living Wills/Elder Law/Rights