Although improved safety measures and advances in technology have helped increase the safety of the maritime industry, accidents are still possible. Millions of dollars in damages and loss of life are still possible and can be caused by a negligent vessel owner, a natural disaster, or many other things. Below is a list of some of the most common causes of maritime accidents in Texas.
Causes of Maritime Accidents
1. Natural Disasters and Bad Weather
Rough storms and natural disasters can cause extensive damages and accidents. This does not mean that the owner of the vessel or company caused the damage, but an experienced maritime law attorney can help determine who may be at fault. For example, was the vessel properly anchored, was personnel competent, and were supervisors providing the correct instructions?
2. Faulty Parts or Poorly Designed Vessels
Designers are required to create vessels that will protect the people on board. One of the most common concepts in tort law is that the economic consequences of a defective product will be placed on those who are able to avoid such defects. An attorney will be able to trace the design of the faulty part or vessel to the designer and hold them liable for the injuries they caused.
3. Safety Regulation Compliance
Vessels have different requirements based on what type they are. For example, OSHA and the U.S. Coast Guard have specific rules that impact some vessels but not others. If the vessel fails to meet these requirements, then it has an increased risk of being involved in a maritime accident.
4. Inadequate Medical Release of an Employee or Third Party
Texas laws recognize that a duty exists for a physician when he or she is a party to a contract that is caring for a patient. If the doctor fails to treat the patient properly, the doctor is breaching that duty. If a patient is improperly deemed fit for duty on a vessel and then suffers injuries, the doctor may be found liable rather than the owner of the vessel.
5. Negligent Hiring of Workers and Crewmembers
Another common reason for maritime accidents aboard vessels is human error. Who the responsible party is when a worker or employee causes an accident depends on the factors involved. For example, if an independent contractor was hired but lacked the training or education to perform the job properly, the liability could expand to the owner of the vessel, the manager, or even the independent contractor himself or herself.
Although there are a variety of things that can result in a maritime accident, many times there is a corresponding legal action that can be taken to remedy the situation. Maritime law and personal injury cases are complex and require an attorney who is able and experienced enough to investigate your situation and apply the law to protect your rights.
Contact Our Top-Rated Maritime Attorneys for a Free Consultation Today
The attorneys at Kolodny Law Firm have experience handling a wide variety of maritime personal injury claims and can help you understand your legal options if you have been injured in a Texas maritime accident. Contact us today to schedule a consultation.
Call (713) 532-4474 or complete a Free Case Evaluation form
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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