Panama Seaman Sues King Ocean Services and Seacor Entities After Severe Forklift Injury Aboard Cargo Ship Bahamas Express
Jairo Daniel Guerra Melendez, a citizen of Panama and a professional seaman, has filed a maritime personal injury lawsuit against King Ocean Services Limited (Cayman Islands) Inc., Seacor Island Lines LLC, Seacor Container Lines LLC, and Seacor Payroll Management LLC in the Southern District of Florida. The lawsuit, filed under Case No. 1:26-cv-23740-FAM, alleges that Melendez suffered serious, permanent, and disabling injuries after being struck by an inoperable forklift blade during cargo discharge operations aboard the cargo ship Bahamas Express on May 27, 2023.
Cargo Ship Crewmember Injured During Vessel Operations Due to Unseaworthy Forklift and Lack of Safety Controls
According to the complaint, the incident occurred while Melendez was acting within the course and scope of his maritime employment as Second Mate aboard the Bahamas Express. While the vessel was engaged in cargo discharge operations, the crew was forced to move an inoperable, unseaworthy forklift utilizing lashing. During this process, Melendez was struck in the right forearm by the heavy forklift blade, resulting in a severe laceration and a traumatic crush injury. The complaint asserts that the cargo ship operators failed to maintain a reasonably safe workplace and neglected to incorporate modern material handling techniques or proper equipment monitoring, leading directly to the dangerous shipboard accident.
King Ocean Services and Seacor Entities Accused of Jones Act Negligence and Failure to Provide Safe Maritime Workplace
The lawsuit brings forth claims under the Jones Act, alleging that the maritime employers and vessel operators breached their non-delegable duty to provide a safe working environment. The plaintiff alleges that the defendants failed to implement and enforce reasonable safety regulations, failed to inspect the vessel for hazardous machinery, and failed to adequately train the crew members involved in the operation. Furthermore, the complaint contends that the vessel was operated with an insufficient crew and that the ship operators failed to ensure reasonable hours of rest for their workers, creating a fatigued environment equivalent to physical impairment. The lawsuit underscores that the defendants knew or should have known about the hazardous state of the equipment but failed to repair the forklift or warn the crew.
Complaint Alleges Vessel Unseaworthiness Involving Defective Cargo Equipment and Overworked Shipboard Crew
In addition to the negligence claims, Melendez asserts that the Bahamas Express was unseaworthy under general maritime law because its equipment and crew were not reasonably fit for their intended use. The complaint argues that utilizing an inoperable forklift with improvised lashing demonstrates a critical failure in vessel maintenance and equipment oversight. Additionally, the plaintiff alleges that the ship lacked adequate manpower, proper supervisory controls, and sound maritime management practices. Melendez notes that the defendants failed to analyze prior similar incidents to prevent recurrence and neglected to properly evaluate the physical operational hazards present on the vessel.
Injured Second Mate Seeks Maintenance, Cure, and Punitive Damages for Permanent Arm Fractures and Delayed Medical Treatment
The legal action consists of four distinct counts: Jones Act negligence, unseaworthiness, failure to provide maintenance and cure, and a separate claim for failure to treat. Melendez alleges that following the severe crush injury and fracture, which required complex open reduction and internal fixation surgery, the defendants failed to provide prompt, proper, and adequate medical care on board or timely disembark him for shore-side treatment. The plaintiff claims he has suffered extreme physical pain, mental anguish, physical disfigurement, and lost earning capacity. He is seeking compensatory damages, unearned wages, and punitive damages, asserting that the defendants willfully and callously delayed and refused to provide the necessary level of maintenance and cure.
Contact a Cargo Ship Accident Lawyer Today if You Were Injured Working Aboard a Vessel in Unsafe Conditions
Seamen and crewmembers injured while performing shipboard duties due to defective equipment, unseaworthy vessels, or negligent maritime operations are entitled to substantial protections and compensation under the Jones Act and general maritime law. Vessel owners and maritime employers have a strict, absolute obligation to ensure that the workplace and all machinery are properly maintained to prevent catastrophic injuries. If you or someone you care about was injured in a similar maritime or cargo ship accident, contact our team of experienced maritime injury lawyers today to discuss your rights and protect your livelihood.
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Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
