Seaman sues after falling while trying to get into bunk bed

NEW ORLEANS - A Louisiana seaman has filed a lawsuit against his employer claiming that he was injured attempting to get into his bunk bed when the sofa he was using a stepladder tipped over and he fell.

Scott R. McKay filed suit against BW Offshore USA Management Inc., BW Pioneer, BOA Marine Services Inc., BOA Rover, Danos and Curole Marine Contractors and The Gray Insurance Co. on Sept. 25 in federal court in New Orleans.

The alleged incident occurred on Sept. 14, 2010 while McKay was employed by Danos as a seaman on board the BOA Rover. At the time of the accident, McKay was exiting his bunk by stepping on a nearby sofa for support, which tipped and caused him to fall and strike a nearby table with his lower back. McKay suffered a back injury, which required surgery and physical therapy.

McKay states that the defendants did not provide ladders or any other means of egress for the top bunk of the double bunk bed.

The defendants are accused of failing to furnish a seaworthy vessel and appliances, failing to provide proper means by which McKay could perform the job he was assigned, and failing to provide protective appliances to perform the work exposing McKay to great dangers.

The defendants are accused of negligence for failing to maintain reasonable and proper control of the vessel, failing to provide a safe means of ingress/egress for beds, failing to provide a reasonably safe and adequate place to live, sleep and work, failing to comply and follow applicable laws, regulations, and rules including but not limited to, Coast Guard Regulations and OSHA.

The plaintiff is seeking an award of damages for medical expenses, loss of wages, pain and suffering, attorney's fees, punitive damages, and statutory penalties.

McKay is represented by James F. DeRosier of DeRosier Law Firm in Lake Charles. A jury trial is requested.

Case No. 2:12-cv-02364