The Jones Act is a federal law that provides legal remedies to seamen who were injured during the course of their employment. Under the statute, maritime employers have a legal responsibility to provide seamen a safe, secure place to work. If a company or organization fails to do so, it can be held liable for any injuries caused by their negligence.
The legal doctrine of unseaworthiness is a separate cause of action from a Jones Act claim. A maritime employer may be held strictly liable for injuries or fatalities caused by an unseaworthy vessel. Here, our Southeast Texas maritime lawyers discuss the key things to know about the doctrine of unseaworthiness.
A Seaworthy Vessel: An Absolute Duty Under Federal Law
Federal maritime regulations impose an absolute duty of seaworthiness on vessel owners and operators. That is to say that they must provide a seaworthy vessel to crewmembers and other passengers. Failure to do so is a violation of federal maritime regulations and strict liability is imposed.
Vessel Owners and Operators are Strictly Liable for Unseaworthiness
Jones Act claims are negligence claims. A seaman injured in the course and scope of their work can hold an employer liable for any injuries caused by negligence. The Jones Act defines negligence as the failure to take proper care.
In contrast, unseaworthiness claims are strict liability claims. In this sense, an unseaworthiness lawsuit is similar to a product liability lawsuit. A vessel owner or operator is liable for any harm caused by an unseaworthy vesselāeven if there is no evidence of negligence.
How is Unseaworthiness Defined?
While federal maritime law is clear that vessel owners and operators have a duty to provide a seaworthy vessel, the term is not always easy to define.
It is important to emphasize that āunseaworthinessā does not mean that a vessel is wholly incapable of sailing. Quite the contrary, the meaning is expansive. It simply means that conditions on the ship itself are not appropriately safe for crewmembers/passengers. Some examples of unseaworthiness include:
- Inadequate staffing or training;
- Dangerous or defective conditions on the ship;
- Uninspected or unrepaired mechanical problems;
- Violation of federal safety regulations;
- Slippery or otherwise unsafe condition on the decks or stairs; and
- Lack of adequate life saving equipment.
Ultimately, every maritime accident requires a comprehensive investigation. An attorney can help you gather and assemble the evidence to prove unseaworthiness or a Jones Act violation. With a well-supported case, an injured seaman will be in the best position to recover full and fair financial compensation for their injuries.
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How to Prove Unseaworthiness
Proving unseaworthiness in a maritime injury case requires establishing that the vessel or its conditions were unsafe, leading to your injury.
Unlike negligence claims, where the burden is on showing a failure to act reasonably, unseaworthiness claims are based on strict liability. This means you do not need to prove negligence, but you do need to demonstrate that the vessel was unfit for its intended purpose. Here are the steps and evidence needed to prove unseaworthiness:
1. Establish the Vessel Was Unfit for Its Intended Use
The first step is to show that the vessel was not seaworthyāi.e., it was not safe for its intended operation. This can be done by presenting evidence of:
- Defective equipment or machinery: Unrepaired mechanical issues, malfunctioning systems, or unsafe equipment.
- Unsafe working conditions: Slippery decks, inadequate lighting, or unsafe stairways.
- Inadequate staffing or training: Insufficient crew or lack of training for tasks that increase the risk of injury.
2. Show That the Unseaworthiness Caused the Injury
Next, itās necessary to prove that the unsafe condition directly caused the injury. This could involve:
- Witness testimonies: Statements from fellow crew members or passengers who witnessed the unsafe condition or accident.
- Expert testimony: Opinions from maritime industry experts who can confirm that the vessel was unseaworthy based on their knowledge of maritime safety standards.
- Accident reports and photographs: Documentation that shows the specific unsafe conditions on board, such as pictures of defective equipment or poorly maintained areas.
3. Collect Documentation of the Vesselās Maintenance and Safety Records
An important part of proving unseaworthiness is showing that the vessel owner or operator had failed to meet safety standards. Key records to gather include:
- Maintenance logs: These can show if the vessel was properly maintained or if there were ongoing issues that went unaddressed.
- Safety inspection reports: Any records that indicate the vessel failed to meet safety standards or regulations.
- Regulatory violations: Evidence that the vessel violated federal or state maritime regulations, which could directly link to unseaworthiness.
4. Highlight Any Prior Issues or Complaints
If there were previous incidents or complaints about the vesselās condition, these could strengthen your claim. Look for:
- Previous injury reports: If the vessel had a history of accidents or safety violations.
- Crew complaints: Records or testimonies of complaints made by the crew about unsafe working conditions or defective equipment.
5. Work with an Experienced Maritime Attorney
Given the complexity of proving unseaworthiness, it is essential to consult a maritime attorney who can help you gather the right evidence, work with experts, and build a compelling case. A skilled attorney can help you navigate the legal processes and fight for the compensation you deserve.
Damages You Could Claim Under the Doctrine of Unseaworthiness
If you have been injured due to an unseaworthy vessel, you may be entitled to recover a wide range of damages under federal maritime law.
Unlike standard negligence claims, the doctrine of unseaworthiness imposes strict liability on vessel owners and operators, meaning you do not need to prove negligenceāonly that the vessel or its conditions were unsafe and caused your injury. Below are the key types of damages you can pursue:
1. Medical Expenses
You can claim compensation for all medical costs associated with your injury. This includes:
- Emergency room visits and hospitalization
- Surgeries and medical treatments
- Prescription medications
- Physical therapy and rehabilitation
- Future medical expenses for ongoing care
2. Lost Wages
If your injuries prevent you from working, you may recover compensation for lost wages. This includes both:
- Current Lost Wages: Income you missed due to time off work during recovery.
- Loss of Future Earning Capacity: If your injury causes permanent disability or limitations, you can seek damages for the income you will lose over your lifetime.
3. Pain and Suffering
Maritime workers injured due to unseaworthiness can claim damages for their physical pain, emotional distress, and mental anguish caused by the accident. Compensation may cover:
- Chronic pain and discomfort
- Anxiety, depression, or PTSD
- Loss of enjoyment of life due to the injury
4. Disability and Disfigurement
If your injury results in a permanent disability or visible scarring/disfigurement, you may be entitled to additional compensation. These damages aim to address the long-term impact on your quality of life and ability to perform daily tasks.
5. Loss of Consortium
In cases of severe injuries, spouses or family members may be eligible to recover damages for loss of companionship, support, and care due to the injured seamanās condition.
Contact a Maritime Lawyer in Houston for a 100% Free Consultation
At the Kolodny Law Firm, our Texas Jones Act attorneys have the skills, expertise, and experience on which you and your family can rely. If you have any questions about unseaworthiness under the Jones Act, we are here to get you reliable answers.
Contact our law firm today for a free, completely confidential case evaluation. With a legal office in Houston, we handle maritime injury claims throughout the Gulf region.
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Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. fromĀ Rice UniversityĀ and his J.D. fromĀ 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 Employersā Liability Act.
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