For seamen and maritime workers, words like “negligence” and “unseaworthiness” have very specific and powerful meanings. While they may sound similar, they represent two distinct legal concepts that are fundamental to an injury claim. Understanding the doctrine of unseaworthiness is crucial for any seaman who has been hurt on the job.
It’s not just about proving someone did something wrong; it’s about the condition of the vessel itself.
To clarify this core principle of maritime law, LKSA Managing Member Paul Sterbcow explains what makes a vessel “unseaworthy,” how this type of claim works, and who is ultimately responsible for maintaining a safe vessel.
Watch the short video below to learn more:
Video Transcript
(Paul Sterbcow): “Assuming you’re a Jones Act seaman, a member of the crew of the vessel, in addition to suing for negligence, you also have a right to sue for a condition of the vessel itself. In other words, if there’s a broken ladder, a rope that pops during normal use, a winch that doesn’t work, any vessel equipment, a rope laying on a deck where it’s not supposed to be can render the vessel unseaworthy, but it’s based on the condition of the ship.
Because it gives that person, that Jones Act seaman, a right in addition to suing for negligence or suing for something that someone did or didn’t do to cause him to get hurt, this action is based solely on vessel condition. You don’t have to prove the fault of any single person. As long as the condition exists and it causes an injury, the seaman’s entitled to recover.
It can be the seaman’s employer if the employer also owns the vessel. At the end of the day, the seaworthiness remedy is always against the owner of the boat because that’s the entity that owes the seaworthiness duty to everybody who’s lawfully aboard as Jones Act seaman working on the vessel.”
Key Takeaways on Unseaworthiness
As Paul explains in the video, an unseaworthiness claim is a powerful tool for an injured seaman. Remember these key points:
- It’s About the Vessel’s Condition: An unseaworthiness claim focuses entirely on whether an unsafe condition, piece of equipment, or even another crew member made the vessel unfit for its intended purpose. This can include anything from faulty winches and broken ladders to poorly stowed cargo.
- It is a “No-Fault” Claim: Unlike a negligence claim, you do not need to prove who was at fault. You only need to prove that an unsafe condition existed and that it was a cause of your injury.
- The Vessel Owner is Liable: The vessel owner has an absolute and non-delegable duty to provide a seaworthy vessel to all seamen. This liability rests with the owner, regardless of whether they were personally aware of the unsafe condition.
Your Rights Depend on Experienced Maritime Counsel
The doctrine of unseaworthiness provides essential protection for maritime workers, but proving it requires a deep understanding of maritime law and a thorough investigation of the incident. These are complex, fact-intensive cases that demand the skill of a knowledgeable maritime attorney.
If you have been injured on a vessel, it is critical to understand all of your rights, including claims for both negligence and unseaworthiness.
The attorneys at LKSA are leaders in maritime law and have built a reputation as the firm other lawyers trust with their most complex cases. Contact us today for a free, confidential consultation to discuss your injury. Call us at (504) 588-1500 or fill out our online form.
