In case of an accident when performing your seaman’s duties, you are entitled to assert certain claims. A claim for the unseaworthiness of the vessel is one course of action. However, the vessel owner will naturally contend that the ship is seaworthy. What should you expect and how can you be better prepared for such a scenario? See some practical tips.
Proving the Vessel’s Unseaworthiness
If the vessel is deemed unseaworthy at the time of the incident, seamen can recover compensation under the doctrine of unseaworthiness. Let’s have a closer look at the details.
The definition under maritime law for a seaworthy vessel means that it is reasonably fit for its intended use. While you don’t need to prove negligence to prevail on your claim for unseaworthiness, you still must show that the vessel was not ‘reasonably fit’. Your proof should include either of these three elements:
- the vessel itself
- its equipment
- its appurtenances
Keep in mind that some objects are clearly considered equipment or appurtenances, while others may raise a doubt. For example, ropes, shackles, or ladders are such, but the ship’s cargo might not qualify as an appurtenance.
Vessel Owner’s Tactics Against Unseaworthiness
Rest assured that a vessel owner owes every crewmember an absolute duty to keep and maintain the ship in a seaworthy condition at all times, just like Jones Act employers have their responsibilities. If the vessel owner faces a claim for the vessel’s unseaworthiness, they will typically contend that they are not required, and they actually aren’t under the law, to provide the latest and best vessel and equipment.
So, how does the court determine whether a vessel is indeed seaworthy or not? It is important to hire an experienced maritime personal injury attorney who can combat your vessel owner defense tactics and help you prove that your unseaworthiness claim is valid.
Lawsuits related to unseaworthiness may involve different parties. You have the right to assert a claim even if the responsible party is not your employer. Read more about unseaworthiness against non-employers.
