By Barbara Liston

ORLANDO, Fla., Oct 31 (Reuters) – The proprietor of the U.S. cargo ship El Faro that sank in a strong hurricane off the Bahamas almost a month in the past has filed for defense in Florida federal court docket from claims it’s responsible for the deaths of its 33 crew members.

Tote Services Inc filed for exoneration from or limitation of legal responsibility in U.S. district court docket in Jacksonville, Florida, on Friday, citing U.S. maritime regulation and saying El Faro “was in all respects seaworthy and properly manned” and that it bears no accountability for its loss.

If it prevails, the corporate’s legal responsibility may prime out at $1 million, or about $30,000 per misplaced crew member, Kurt Arnold, a lawyer for one of many sufferer’s households, mentioned on Saturday.

The sinking of El Faro, and lack of everybody aboard, was the worst cargo delivery catastrophe involving a U.S.-flagged ship in additional than three a long time.

Arnold, of the Houston agency Arnold & Itkin, filed the fourth lawsuit towards the corporate by households of its crew members on Wednesday.

“If Tote is telling the families and the press they want to do the right thing, then they should do it,” Arnold informed Reuters in an emailed assertion.

Tote’s spokesman wouldn’t touch upon the litigation on Saturday.

El Faro disappeared whereas en route from Jacksonville to Puerto Rico after its captain reported a hull breach and lack of propulsion because the vessel sailed into the trail of Hurricane Joaquin.

Provisions of U.S. maritime regulation can restrict a ship proprietor’s monetary legal responsibility to both the worth of the vessel and cargo after a catastrophe or to a worth primarily based on the tonnage of the vessel, Arnold mentioned.

In its court docket submitting, Tote requested for max legal responsibility of not more than about $15 million. It additionally requested the court docket for an injunction towards the opening or prosecution of any authorized actions taken towards it over the lack of El Faro.

(Additional reporting by David Adams in Miami; Editing by Frank McGurty and Tom Brown)

(c) Copyright Thomson Reuters 2015.

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