What You Should Know About Claims of Unseaworthiness

Being involved in an accident aboard a boat is scary, but once the initial emergency has passed, you may find the aftermath to be even more anxiety-inducing. Figuring out how to move on with your life when you have to deal with an injury can be extremely difficult, and you deserve help.

In this blog post, our Seattle maritime injury lawyers will explain what unseaworthiness means, how it relates to maritime injuries, and how a lawyer can help.

What Is Unseaworthiness & How Does It Relate to Maritime Injuries?

The doctrine of unseaworthiness is a core principle in maritime law that imposes an absolute duty on vessel owners to provide a seaworthy vessel. Unlike negligence claims under the Jones Act, a part of the Merchant Marine Act, unseaworthiness claims operate under strict liability, meaning you don't need to prove the vessel owner knew about the dangerous condition or acted carelessly.

According to general maritime law, a seaworthy vessel must be "reasonably fit for its intended purpose" and adequately equipped for its mission. This includes having:

• Proper safety equipment in good working order
• A reasonably adequate crew with proper training
• Safe working conditions throughout the entire vessel
• Equipment that functions correctly under normal use

When any of these conditions fail and contribute to a seaman's injury, the vessel owner's duty has been breached, and the vessel may be deemed unseaworthy.

Unseaworthiness vs. Jones Act Claims

While both unseaworthiness and Jones Act claims protect injured maritime workers, they operate under different legal principles and offer different remedies.

Most injured seamen benefit from pursuing both unseaworthiness and Jones Act claims together. Since the same incident often involves both unseaworthy conditions and employer negligence, combining claims provides multiple paths to recovery and strengthens your overall case.

What Is Seaman Status?

Maritime workers who qualify for seaman status can pursue unseaworthiness claims alongside Jones Act negligence claims, often resulting in greater compensation than pursuing either claim alone. To pursue an unseaworthiness claim, you must first qualify as a seaman under maritime law. Seaman status requires:

1. Substantial connection to the vessel: You must spend at least 30% of your work time aboard the vessel.
2. Aid in the vessel's mission: Your work must contribute to the ship's operational purpose.
3. Vessel in navigation: The vessel must be capable of navigation and actually used for maritime transportation.

Maritime workers who typically qualify as seamen include:

• Commercial fishermen aboard fishing vessels
• Crew members on tugs, barges, and cargo ships
• Workers on offshore platforms and drilling rigs
• Ferry boat operators and crew
• Personnel on marine construction vessels

What Makes a Vessel Unseaworthy?

Common examples of unseaworthy conditions include.

Equipment and Machinery Issues

An unseaworthy claim can be based on the vessel's inadequate equipment. This can include:

• Old, broken, or malfunctioning safety gear, like a life raft with a slow leak or a life jacket with a snapped buckle.
• Defective tools that fail under normal use, such as a wrench that breaks while you're tightening a bolt, or a hoist cable that snaps.
• Inadequate or missing life-saving equipment, like a fire extinguisher that's gone missing from its station or a broken emergency radio.
• Faulty navigation or communication systems which can cause a serious collision.
• Improperly maintained machinery, such as a greasy winch that slips and crushes your hand, or a rusty ladder that breaks under your weight.

Crew-Related Problems

An unseaworthy claim may also arise from an incompetent or improperly trained crew. Such issues could be:

• An inadequate crew size that forces you to perform a two-person job alone, leading to a back injury.
• Poorly trained or incompetent crew members, like a coworker who doesn't know the proper safety protocol for a specific machine.
• Crew members with a history of violent behavior, which create a hostile and unsafe work environment.
• A failure to properly train the crew on safety procedures, such as not having a proper plan for an evacuation or emergency.

Vessel Conditions

The physical condition of the vessel itself can be the basis for an unseaworthy claim if it creates a hazardous environment:

• Cluttered, flooded, or slippery decks that cause you to slip and fall.
• Missing or unsafe ladders, handrails, or walkways, leading to a dangerous fall from a height.
• Structural defects affecting vessel safety, such as a weakened railing that gives way or a crumbling deck.
• Unsafe working areas without proper access, forcing you to climb over dangerous obstacles.
• Violations of Coast Guard safety regulations may indicate the owner is cutting corners on safety.

Work Environment Hazards

Hazards within the work environment can also render a vessel unseaworthy, especially when they stem from unsafe practices or conditions:

• ‍Unsafe work procedures or protocols, such as being told to operate a machine without its safety guard.‍
• Inadequate lighting in work areas, causing you to misstep and trip in a dark corner.‍
• Exposure to dangerous chemicals without proper protection, leading to chemical burns or respiratory problems.‍
• Excessive working hours leading to fatigue, which can result in a simple mistake that leads to a major injury.

While these are not the only examples of unseaworthiness, they account for the majority of cases. To learn whether your case qualifies, even if it doesn't seem to fit with these examples, you should get a lawyer's help.

Damages Available in Unseaworthiness Claims

Unseaworthiness claims under general maritime law allow for more extensive damages than Jones Act claims alone. Available compensation may include.

Economic Damages

Economic damages cover the monetary losses you experienced. This includes your medical expenses (past, present, and future bills), lost wages from the time you couldn't work, and lost earning capacity for future income affected by permanent limitations. It also covers the cost of vocational retraining if you need a new career and a daily living allowance to help with expenses while you recover.

Non-Economic Damages

These damages compensate you for non-monetary losses. They include compensation for pain and suffering and mental anguish (emotional distress). You can also receive damages for loss of enjoyment of life (inability to do hobbies) and disfigurement (permanent scarring or disability).

Additional Remedies

Sometimes, additional remedies are available. Loss of consortium is a claim that family members can make for the loss of your companionship. Maintenance and cure are no-fault benefits that cover a seaman's living expenses and medical care during recovery.

How to Prove Your Unseaworthiness Claim

Successfully establishing an unseaworthiness claim requires demonstrating three essential elements.

• Seaman status: You must prove you qualify as a seaman with a substantial connection to the vessel and that your work contributes to its mission.
• Unseaworthy condition: Evidence must show the vessel, its equipment, or crew was not reasonably fit for its intended purpose. This may include:
  • Equipment failure reports
  • Safety inspection records
  • Crew training documentation
  • Maintenance logs
  • Witness testimony
• Causation: You must establish that the unseaworthy condition was a substantial factor in causing your injuries.

Time Limits and Legal Deadlines

Maritime injury claims are subject to strict time limitations that can affect your right to compensation. In Washington State:

• Three-year statute of limitations applies to most unseaworthiness and Jones Act claims.
• Some claims may have shorter deadlines, particularly those involving federal agencies.
• Notice requirements may apply depending on your employer and vessel type.

Acting quickly is essential to preserve your legal rights and ensure evidence remains available for your case.

Get Legal Help for Your Unseaworthiness Claim with Lehmbecker Law

If you've been injured while working aboard a vessel, don't wait to seek legal representation. At Lehmbecker Law, our experienced and dedicated maritime lawyers represent injured maritime workers throughout Washington, securing significant compensation for medical bills, lost income, and other damages.

Your maritime injury case is too important to handle alone. Our law firm provides free consultations to evaluate your case and explain your legal options under federal maritime law. Contact us for your free consultation and learn how we can help you seek compensation for your maritime injury.