What is Unseaworthiness?
Unseaworthiness describes a vessel or any of its parts or machinery that is
not reasonably fit for its intended use. Unseaworthiness can also describe the
vessel¿s crew if they are not reasonably competent or skilled to perform the
assigned work. Under the Jones Act, a vessel owner has a duty to provide and
maintain a seaworthy 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 seaman to work and reside in
- Adhere to all safety
requirements for operating vessels
Who May File Unseaworthiness Claim?
Seamen, or their families, typically file unseaworthiness claims against the
vessel¿s owner, who may also be their employer. Passengers may not hold a
chartered vessel liable under the seaworthiness doctrine, but may bring a claim
against the vessel¿s owner in a negligence suit based on the unseaworthiness of
the vessel.
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 Do I File an Unseaworthiness Claim?
To establish an unseaworthiness claim, four elements must be satisfied:
- 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
A vessel owner or defendant may decrease his liability by showing that the
plaintiff¿s own negligent behavior or act was a factor in causing the injuries
he incurred.
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 maritime or admiralty law attorney. Speaking with a
maritime or admiralty law lawyer will help you understand your rights and
preserve any possible remedies.
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