Seamen should rightfully expect to provide them with a safe place to work aboard their vessels.  If their employers fail to provide a safe work place, seamen can hold their employers responsible for damages for their employers' Jones Act negligence. Importantly, vessel crew members can also assert claims for vessel unseaworthiness. Let's learn more about what this term means and how it relates to seamen's claims. 

Seaworthiness of the Vessel

The claim of vessel unseaworthiness is an important remedy in the ‘trinity of remedies’ that you are entitled to as a seaman. It means that you can recover damages under this specific condition, too. 

A vessel owner owes every crewmember an absolute duty to keep and maintain the ship in a seaworthy condition at all times. But what makes a vessel seaworthy? A vessel is such if it is reasonably fit for its intended use. In other words, a seaworthy vessel is free from defects to the vessel, its equipment, and appurtenances and is ready for the entire crew to sail.

Under the general maritime law, the duty to provide a seaworthy vessel also extends to tools aboard the vessel, lines, provisions, and critically to the crew as well.

Seamen’s Unseaworthiness Claims

There are two important points to remember about asserting a claim for unseaworthiness.  First, the duty to provide a seaworthy vessel extends not only to the vessel itself but also to the rest of the crew – meaning that the vessel owner must provide an adequate and competent crew.  

And, second, you do not have to prove that the vessel owner was negligent to prevail on your unseaworthiness claim. You must only show that:

• the vessel was unseaworthy; and
• the unseaworthiness caused your injury.

Knowing more about your seamen’s rights and remedies can reassure you that maritime law protects you. However, you should also expect that your employer will develop a solid defense strategy. Discover some common tactics against unseaworthiness they may put to use.