Claims of Unseaworthiness
Offshore Injury and Maritime Law Attorney
The soundness of a ship or oil platform can create unsafe conditions that cause or contribute to a serious offshore accident. If you are a maritime worker who has been seriously injured offshore, you may be able to recover damages based on a claim of unseaworthiness in addition to a Jones Act claim. A ship owner has a legal obligation to provide a seaworthy ship or vessel. In other words, the vessel must be reasonably safe for the endeavor it is undertaking. The vessel owner cannot shift this obligation to anyone else.
It's important to consult an experienced offshore injury attorney if you believe an unseaworthy ship caused your accident. Unseaworthiness claims require a complex analysis of conditions aboard a vessel.
At Arnold & Itkin LLP, we are aggressive advocates for victims of offshore accidents and their families. We represent clients throughout the United States, including in Texas, Louisiana, Alabama and Mississippi and across the Gulf of Mexico. We have experience handling claims of unseaworthiness and Jones Act claims. In our practice thus far, we have recovered hundreds of millions of dollars in settlements and verdicts for our clients. We are prepared to see how we can help you recover the money you need to rebuild and move on.
A Closer Look at "Unseaworthiness"
"Unseaworthiness" encompasses much more than just a ship's physical condition, such as a hole in the hull. Many factors aboard a ship or towed oil platform can constitute unseaworthiness. They include:
- Malfunctioning or poorly maintained machinery and equipment;
- An inadequate number of crew members;
- Lack of appropriate safety rails or guards on equipment and machinery;
- Lack of fire extinguishers or fire suppression equipment;
- Rusty hatches or doors with failed seals;
- Lack of proper hoists or elevators;
- Lack of proper safety equipment, including life rafts and life jackets;
- Untrained or incompetent crew or captain;
- Lack of safe living areas;
- Lack of sufficient food;
- Improperly stowed cargo; and
- Steep steps aboard ship.
There are many factors that may support a claim of unseaworthiness. A claim of unseaworthiness is always brought against the vessel owner as opposed to a maritime employer. In some instances, they may be one and the same. But the effect of an unseaworthiness claim is to draw a vessel owner into a lawsuit as a potential source of recovery.
It is also important to recognize that unseaworthiness claims generally do not include accidents that involve a seaman's own negligence. For example, if a seaman gets drunk and then tumbles down slippery stairs, an unseaworthiness claim may not be supported.
Contact an Experienced Offshore Injury Lawyer
At Arnold & Itkin LLP, we hold vessel owners accountable when offshore accidents caused by negligence result in fatalities. If you have been injured while working on a ship or vessel, please contact the experienced maritime lawyers at our firm. Our understanding of the Jones Act and all maritime laws enables us to accurately determine what compensation an injured seaman may be entitled to. We then fight for maximum damages.
To get started, contact an offshore injury lawyer today.
