How Can a Vessel be Unseaworthy?
An unseaworthiness claim provides an injured Jones Act seaman, whose injuries occurred as a result of unsafe working conditions, one more option for compensation.
Every Jones Act seaman should know that unseaworthiness of a vessel entitles them to damages beyond their Jones Act claim. Unseaworthiness claims are filed against the vessel itself, not the employer.
Typically, unseaworthiness comes about in the form of failure to provide a vessel that is reasonably fit for its intended purpose. As with everything else in the Jones Act, the definition of what is "reasonably fit" has also evolved over the years.
Unseaworthiness can arise when:
- The working surfaces are not maintained properly.
- There is not sufficient personal safety equipment on the vessel.
- There is not sufficient fire safety equipment on the vessel.
- There are not enough crew members.
- The deck and walking surfaces are slippery.
- Cables and lines are defective.
- Means for boarding the ship are unsafe.
- An electrical wire is exposed.
- Machinery and equipment fails, injuring seamen.
- Unseaworthiness claims can also be said to exist if an intoxicated crew member assaults another seaman and leaves him with injuries.
A Temporary Condition can Be Regarded as Unseaworthiness
Seamen can claim unseaworthiness even if the condition is temporary. In 1960, the Supreme Court ruled in favor of a seaman who slipped and fell down a ladder because of a rail that was covered with fish slime. The slime remained on the rail from a previous unloading operation. The court ruled that the vessel owner's duty to provide a seaworthy vessel also applied to temporary conditions.
The bottom line is that a ship owner is not required to maintain a perfect vessel, but is required to maintain a reasonably fit vessel for its purpose. The unseaworthiness doctrine includes every part of the vessel. That means every component of the vessel, from the hull, machinery, and tools on it, to the seaman’s living quarters and the food they eat, must be safe.
Take the example of a vessel that runs out of supplies and docks for restocking. A crew member is sent to shore to shop for supplies and is injured in an accident on shore. The seaman may be eligible for an unseaworthiness claim because the boat was not well stocked with supplies and the seaman was working in service to the vessel, trying to get supplies.
Complex Maritime Law
As you can see, there are several ways a vessel owner may be liable for a seaman's injuries. Very often, claims for unseaworthiness and negligence overlap each other. That is just one reason it is important to consult with a maritime lawyer who understands all the intricacies of the law.
