Maritime law is a specific body of law governing activities at sea, and it provides protections for individuals working aboard ships and other vessels. One of the most important concepts in safeguarding the rights of these workers is the doctrine of seaworthiness. Here are a few tips from a maritime lawyer in Houston, TX, on how to understand “unseaworthiness” claims in maritime law.
Understanding “Unseaworthiness” Claims in Maritime Law: Tips from a Maritime Lawyer in Houston, TX
The Foundations of Seaworthiness
The doctrine of seaworthiness rests on the shipowner’s fundamental duty to provide a seaworthy vessel to all who work onboard. Seaworthiness isn’t merely about a ship floating or not sinking. It is a broader concept meant to describe that a vessel and its equipment must be reasonably suitable for their intended purposes.
The ship itself must be structurally sound, free from defects that could jeopardize its safe operation. Equipment and gear also fall under this concept of seaworthiness, and all equipment aboard the ship, from navigational tools to cargo handling gear, must be in good working order and safe for their intended use.
Crew and safety practices are also part of the concept of seaworthiness. The ship must be manned by a crew that is adequate in number and competent to accomplish their assigned tasks safely. In addition, the shipowner must have suitable safety procedures for various work tasks, and the crew must be familiar with those procedures. If any of these elements are deficient, and that deficiency leads to an injury, the vessel may be deemed unseaworthy, and the shipowner faces liability.
How Does This Differ from Negligence?
An important distinction to make is that this type of claim does not require proof of negligence on the shipowner’s part. Negligence-based claims, such as those often covered under the Jones Act, require a worker to demonstrate that the shipowner or crew failed to act reasonably and this failure caused the injury.
In contrast, a claim based on a lack of seaworthiness focuses purely on whether the vessel itself was in a safe and suitable condition. Even if the shipowner took all reasonable precautions, they can still be liable if the vessel or its equipment were unsafe at the time of an injury.
Types of Injuries Covered
Injuries caused by defective equipment or machinery are a common example, as well as slips, trips, and falls due to unsafe decks, improper lighting, or hazardous conditions. In addition, injuries due to a lack of safety equipment or inadequately trained crew members could also fall under the lack of seaworthiness category, as well as illnesses contracted due to unhygienic conditions on board the vessel.
Who Can Bring This Type of Claim?
Generally, any individual classified as a “seaman” under maritime law has the right to bring a claim based on a lack of seaworthiness. The definition of seaman is broad, encompassing many workers on different vessel types, including:
Crew members on commercial ships
Workers on offshore drilling rigs and platforms
Fishermen
Workers on ferries and cruise ships
Successful claims help cover the costs and losses the injured seaman faces. Damages that may be recovered include medical expenses (both past and future), lost wages, pain and suffering, reduced earning capacity, and other related damages as permitted by maritime law.
Proving a Claim
Status as a Seaman
The injured worker must first demonstrate that they meet the legal definition of a seaman. This generally involves showing that they spend a significant portion of their work time on a vessel in navigation and their work contributes to the mission of the vessel.
Existence of an Unseaworthy Condition
The seaman must prove that the vessel, its equipment, crew, or safety measures were unfit for their intended purposes. This can be shown through evidence like equipment malfunction, lack of proper safety gear, crew member incompetence, or inadequate safety protocols.
Causation
The plaintiff must link the unseaworthy condition to their injury. They must establish that the unfit condition was a substantial factor in causing the harm they suffered.
Damages
The seaman must present evidence of their losses, such as medical records, wage documentation, and expert testimony as needed to establish the value of their losses.
Key Considerations
The Burden of Proof
Notably, the burden of proof is relatively light for these claims. Unlike negligence claims on land, the seaman doesn’t need to demonstrate a high level of fault on the shipowner’s part. However, it’s important to understand the concept of “transitory” unseaworthiness. This would be a sudden and temporary unsafe condition, such as a brief oil spill on the deck.
If the shipowner or crew did not have a reasonable opportunity to discover and correct a transitory dangerous condition, they may not be liable. The transitory nature of such conditions requires seamen to act quickly to document evidence of an unsafe situation.
Common Defenses
Shipowners may utilize several defenses to counter or reduce liability in claims based on lack of seaworthiness. It is wise for seamen to be aware of these potential defenses when seeking to establish a claim. And, while it is not a complete bar to recovery, contributory negligence (the injured seaman’s own negligence) can reduce the amount of damages awarded.
Another defense to be aware of is the assumption of risk. If the seaman knowingly and voluntarily encountered a known dangerous condition, they might be considered to have assumed the associated risks. “Superseding cause” may be another possible defense: if an outside, unrelated cause (like severe weather) was the primary factor in causing the injury, shipowner liability might be limited.
The Importance of Legal Counsel
Navigating these claims can be very difficult, and doing so requires a strong understanding of maritime law principles and how they apply to the specific circumstances of a case. If you have been injured while working as a seaman, it’s important to work only with an experienced maritime attorney, as a general attorney will not have the skills and experience you need.
Why a Houston, TX Maritime Lawyer Is Important
Understanding of Maritime Law
Maritime workers often face unique challenges after sustaining injuries at sea, and maritime law has complexities distinct from land-based personal injury laws. A knowledgeable maritime attorney can assess your situation within the proper legal framework, safeguarding your rights and potential for compensation.
Investigative Resources
Determining the cause of a maritime accident often requires careful investigation. Attorneys who specialize in these cases have the resources to gather evidence in tricky offshore situations, know how to interview witnesses well in the context, and have a network of experts to consult to build a strong case on your behalf.
Negotiating Power
Maritime attorneys are skilled negotiators who know how to maximize the compensation you receive from shipowners or insurance companies, whether through settlement or trial.
Protection from Unfair Tactics
Shipping companies and their insurers may employ certain tactics to undervalue or deny your claim. An experienced lawyer can protect you from such practices, ensuring your interests are fiercely advocated for.
If you believe you or a loved one has a potential claim under maritime law, contact
Abraham, Watkins, Nichols, Agosto, Aziz & Stogner here in Houston, TX to schedule a free consultation. Our team of attorneys understand maritime law and specifically the nuances of unseaworthiness claims. We have the resources and experience to thoroughly investigate your case, build a compelling case, and fight for the compensation you deserve.
