Working at sea presents unique dangers and risks. From rough waters to heavy machinery, maritime workers face hazards daily that can lead to serious injuries. If you sustained an injury while working on a vessel, you may have more legal options than you realize.
The unseaworthiness doctrine is an often overlooked aspect of maritime law. It could be a valuable option for compensation beyond standard negligence claims. Arming yourself with knowledge of this doctrine could profoundly impact your ability to recover damages.
A powerful tool for maritime injury claims
This doctrine developed from maritime common law and court decisions. It requires vessel owners to maintain high safety standards for ships and equipment. Key points about unseaworthiness include:
- Unseaworthy vessels lack proper equipment, crew or safety measures for their intended function
- Faulty machinery, worn ropes or inadequate safety gear can render a vessel unseaworthy
- Insufficient, untrained, or incompetent crew may contribute to unseaworthiness
- Slippery decks, loose railings, or improperly stored cargo create unsafe environments
These factors can help you identify potential claims. It is also a good idea to know how this doctrine differs from other maritime injury claims.
How do these claims differ from negligence?
Unseaworthiness claims offer advantages over negligence-based claims under the Jones Act. These differences can affect your case outcome:
- Strict liability: Unseaworthiness claims do not require proof of negligence.
- Lower burden of proof: You might only need to show the unseaworthy condition contributed to your injury.
- No fault requirement: Shipowners may be liable even if unaware of the unseaworthy condition.
- Broader coverage: Unseaworthiness claims can cover more hazardous conditions than negligence claims.
The unseaworthiness doctrine could be an invaluable legal option for hurt maritime workers. Understanding its application and consulting with a lawyer can steer you towards a better outcome as you move forward with your injury claim.