What is an Unseaworthiness Claim?

When determining negligence in a Jones Act claim, assessing whether the vessel was seaworthy is part of the process. Ship owners are required to provide a seaworthy craft for their employees. In essence, a vessel owner owes an absolute duty to provide a seaworthy vessel to all who enter his vessel. A seaworthy vessel must be fit for its intended use. While a vessel may be seaworthy when it leaves port, it is possible to become unseaworthy once at sea due to dangerous conditions encountered along the voyage. It is critical for the captain and crew members to remain vigilant of the safety of the vessel throughout the excursion.

If an unsafe condition aboard a vessel causes or contributes to an injury, then the injured party may be entitled to recover financial compensation under an unseaworthiness claim. The seaworthiness of a vessel requires:

• Maintaining the safety of the whole of the vessel and all its accessories;
• Maintaining the safety of the vessel including the duty to properly man, equip, and supply the vessel;
• Providing an adequate crew that is properly trained;
• Offering adequate supplies;
• Ensuring equipment is in safe working order.

If a seaman is injured in a slip and fall accident, for example, as a result of a substance spilled on the deck, gangplank or any other vessel surface, he may have an unseaworthiness claim. Worn out ropes and lines may lead to an unseaworthiness claim. Even the actions of an improperly trained employee that causes or contributes to the injury of a seaman may result in an unseaworthiness claim. A claim for unseaworthiness may be pursued together with or independent of a Jones Act negligence claim. Only your experienced offshore injury lawyer will know how to properly handle your claim.