Unseaworthiness Claims Lawyers

Admiralty and Maritime law encompasses the rules and procedures governing navigation and commerce by water. Most admiralty and maritime law cases involve international trade on the high seas, but seaman’s injuries are also prevalent.

How Does the Law Protect Maritime Workers?

Maritime workers are protected depending on their occupational status. The Jones Act protects traditional seamen or those actually traveling on the high seas. The Jones Act allows liability without a showing of fault by the boat owner. Generally, harbor workers and other workers involved with ships are protected by tort law (negligence) and workers’ compensation laws.

What Is the Primary Basis of Maritime Personal Injury?

Most maritime personal injury cases are related to negligence by boat owners and boat workers.

Who Do These Laws Apply to?

Maritime personal injury recovery laws typically cover the following groups:

• Longshoremen (those who load and unload the cargo)
• Maintenance and Repairmen (ship cleaners, tank cleaners, carpenters, electricians, mechanics, etc.)
• Other non-seaman or persons whose occupations bring them aboard vessels on navigable waters, whose duties are of the type performed by seamen, who are members of a ship’s company but do not go to sea
• Passengers and guests of boat owners and boat companies

What Is Unseaworthiness?

There are three principal causes of action available to a seaman who is injured or falls ill in service of the vessel: maintenance and cure, the Jones Act, and the unseaworthiness doctrine.

As a general rule, maintenance and cure refer to the provision of medical treatment and a daily living allowance while an injured or ill seaman is recovering. The Jones Act allows injured seamen to recover directly from their employers if their injuries were caused by the vessel owner’s negligence or the crew’s negligence.

When a vessel or its parts or machinery are not reasonably fit for their intended use, they are considered unseaworthy. The crew of the vessel can also be considered unseaworthy if they are not capable of performing the work assigned to them. Under the Jones Act, a vessel owner must provide and maintain a seaworthy vessel.

What Is the Jones Act?

The Jones Act is a federal law that provides remedies to seamen injured while working on a vessel. In addition, the act provides for the families of seamen killed in the line of duty.

Who Is a “Seaman” under the Jones Act and General Maritime Law?

To be a “seaman” and qualify for coverage under the Jones Act, the individual must meet the following criteria:

• The vessel that you were injured on must be “in navigation” at sea or in a body of water that is connected to interstate or international commerce
• You must spend a substantial part of your work time on board the vessel

When Is a Vessel “Seaworthy”?

In order for a vessel to be deemed “seaworthy,” it must:

• Supply at all times, proper equipment and safety gear to seamen
• Provide a safe environment for a seaman to work and reside in
• Adhere to all safety requirements for operating vessels

Workers covered by the Jones Act include:

• Fishermen
• Tugboat workers
• Barge workers
• Cruise ship workers
• Ferry boat workers
• Construction workers who work on vessels or barges
• Oil platform workers
• Commercial divers

Who May File Unseaworthiness Claim?

In most cases, seamen or their families file unseaworthiness claims against the vessel’s owner, who may also be their employer. A chartered vessel is not liable under the seaworthiness doctrine, but its owner may be held liable for negligence based on the vessel’s unseaworthiness.

In cases of death on the high seas because of an unseaworthy vessel, a family member may initiate a claim under the Death on the High Seas Act. Under this act, a family may recover damages in the form of lost services.

How Does the Unseaworthiness Doctrine Interact with the Jones Act?

The application of the unseaworthiness doctrine and the Jones Act can overlap in some circumstances. Each cause of action, however, involves different elements. Additionally, injured seamen have different remedies depending on the type of claim.

Seaworthiness is a shipowner’s absolute, non-delegable duty. An unseaworthiness doctrine claim requires a seaman to prove only that an unseaworthy condition existed on the ship and that condition caused the seaman’s injury. An unseaworthy condition does not have to be caused by the shipowner’s negligence, nor does it have to be known to the owner.

Conversely, the Jones Act requires a seaman to prove that their injury arose due to the negligence of the employer or one of its employees or agents. If a seaman brings both unseaworthiness doctrine and Jones Act claims, the seaman can request that both claims be tried before a jury.

The Jones Act provides limited damages, including past and future lost income, medical expenses, pain and suffering, and disability. If a seaman dies in the line of duty, the Jones Act permits surviving family members to recover for the seaman’s conscious pain and suffering and loss of the seaman’s financial support. The unseaworthiness doctrine allows a seaman to recover any damages traditionally available at law.

Negligence Claims Under the Jones Act

The Jones Act requires an injured seaman to report a work-related injury within seven days of the accident. Typically, seamen report accidents and injuries to their supervisors or the ship’s captain when they are at sea. In practice, a seaman should report an accident and injury as soon as possible. Insurers may argue that the injury wasn’t serious because the seaman waited so long to report the accident.

An employer may require a seaman to fill out an accident report. The seaman may, however, request to wait to submit the report if they are taking medication to treat an injury. As part of the report, the seaman may be asked to identify who was at fault for the accident or injury.

If a seaman fails to state that the employer was at fault, it may later undercut the seaman’s Jones Act claim. A seaman should not settle or otherwise resolve a Jones Act claim until after completing medical treatment. The seaman will know the full amount of medical expenses and lost wages after treatment is completed.

How Do I File an Unseaworthiness Claim?

A claim of unseaworthiness must satisfy four elements:

• The unseaworthiness doctrine pertains to the plaintiff
• An injury was caused by the vessel’s machinery, crew, or other part
• The crew, machinery, or vessel were not fit for their intended purpose
• The unseaworthiness condition was the proximate cause of the plaintiff’s injuries

It may be possible for a vessel owner or defendant to reduce his liability by showing that the plaintiff’s own negligence contributed to their injury.

Does a Boat Owner Owe Any Duties to Its Passengers?

A vessel’s duty of safe transportation as a common carrier of passengers applies. Generally, that duty is to ensure the passenger’s safety during embarkation, transportation, and disembarkation. Passengers must be protected during the passage from harm, either at the hands of the crew or from fellow passengers, and from any injury caused by the vessel’s negligence.

Can Small Boat Owners be Liable for Personal Injuries?

Small boat owners can be held liable for personal injuries if they fail to exercise reasonable care. Failure to use reasonable care includes being unfamiliar with the waters they are navigating in and failing to familiarize themselves with them, as well as operating vessels at unsafe speeds.

Should I Consult an Attorney About My Unseaworthiness Claim?

If you or a loved one has been injured or killed while employed as a seaman, it may be wise to contact an experienced liability attorney. The advice of a maritime or admiralty lawyer will help you understand your rights and preserve your remedies.