When is a vessel unseaworthy? A vessel that fails to meet the necessary standards of safety and fitness for its intended purpose can be deemed unseaworthy. This includes not only its ability to navigate waterways safely, but also its equipment, crew, and other factors that may compromise its seaworthiness. Shipowners and employers have a legal obligation to provide a reasonably safe vessel for their crew and passengers. If a vessel lacks required safety equipment, has malfunctioning or damaged tools and equipment, has an inexperienced or untrained crew, or has other deficiencies, it may be considered unseaworthy. Other factors that can contribute to a vessel’s unseaworthiness include slippery or damaged surfaces that have not been properly maintained, and the transportation of hazardous materials without adequate precautions or containment measures.
Offshore workers, such as those working on oil rigs, are particularly vulnerable to the dangers of an unseaworthy vessel. If a ship owner fails to properly maintain and equip their vessels, it can put the lives of these workers at risk. It is essential for the safety of all crew members, especially in the hazardous conditions often encountered by offshore workers and seamen, to ensure that a vessel is seaworthy. If an offshore worker or seaman is injured or killed as a result of an unseaworthy vessel, they or their family may be entitled to bring a claim for damages against the vessel owner or operator. It is important for maritime workers to be aware of the potential risks associated with using unseaworthy vessels and to report any concerns about the safety of their transport to their employer or the appropriate authorities.
Unsafe at Any Speed: Examples of Unseaworthy Ships
- Lack of required safety equipment
- Malfunctioning or damaged tools and equipment
- Inexperienced or untrained crew
- Insufficient crew size
- Slippery or damaged surfaces that have not been properly maintained
- Risk of injury from hazardous cargo or conditions
- Structural or design flaws that compromise safety
- Neglect of necessary vessel maintenance
- Overloading beyond capacity
- Deficient navigation or communication equipment
- Inability to handle rough weather or sea conditions
- Transportation of hazardous materials without proper precautions or containment measures
Unseaworthy Vessels and the Protections Provided by the Jones Act
Under the Jones Act, seamen who are injured on the job due to their employer’s negligence may be eligible to sue for damages. One example of employer negligence that could give rise to a Jones Act claim is the failure to maintain a vessel in a seaworthy condition. If a vessel is deemed unseaworthy, and an injury occurs as a result, the injured seaman may be able to sue their employer under the Jones Act. In these cases, the burden of proof is relatively low, requiring only that the plaintiff demonstrate that the employer’s actions or lack of action contributed to the injury. If successful, the plaintiff may be entitled to compensation for medical expenses, lost wages, and other damages.
Why contact a Jones Act Attorney?
As an injured seaman or offshore worker, it is essential to contact an experienced maritime lawyer if you have been injured, especially if the injury was caused by an unseaworthy vessel. The team at Doyle Dennis Avery LLP is composed of offshore trial lawyers who are well-versed in the proper jurisdictions and laws that may apply to your specific case. Our firm frequently works with Americans and foreign nationals employed by American employers based outside of the US, and we have decades of experience representing seaman and their families. Our track record of multimillion dollar verdicts, settlements, and satisfied clients is a testament to our ability to guide you through all aspects of the legal claim and achieve a successful outcome. If you need the help of a knowledgeable and skilled Jones Act attorney to help you navigate your injury claim, do not hesitate to reach out to Doyle Dennis Avery LLP
