Whether you are a well-seasoned seaman or not, there is a basic expectation that the vessel you are working on is safe and fit for the purpose they are intended for. Unfortunately, this does not always occur. An unseaworthy vessel could cause significant issues at sea, even resulting in harms and injuries to the crew.
In the event of an injury caused by an unseaworthy vessel, the injured seaman has the right to take legal action. A maritime claim could help establish cause and liability while also assessing the damages they are entitled to.
At Trueb Berne 7 Beard, LLP, our law firm has seen first-hand the harm an unseaworthy vessel can befall a seaman working on the vessel. Thus, our experienced attorneys use their specialized knowledge to help our clients understand their rights and options following an injury caused by an unseaworthy vessel.
Federal maritime law designates that the owner of a vessel owes the duty and obligation to provide a seaworthy vessel for all persons working on their vessel. And based on strict liability, the owner of the vessel has a non-delegable duty to assure that all aspects of the vessel are working properly and are fit for their intended purposes. This includes the vessel’s hull, machinery, gears, appurtenances as well as ensuring the crew are trained adequately.
When an unseaworthy vessel is the cause of a maritime injury suffered by a seaman, a maritime claim of unseaworthiness could be filed. This claim helps ensure the seaman recovers the damages and compensation they are entitled to.
A maritime claim helps an injured seaman recover lost wages, future lost wages, loss of earning capacity, medical bills and damages for pain and suffering. Furthermore, certain circumstances may allow for punitive damages. A legal professional can help you assess your current and future losses as well as the damages you could seek.
A claim for unseaworthiness could arise from a wide array of situations. As such, it is important that you fully understand the circumstances surrounding your maritime injury. A legal professional can help you gain a better understanding of your rights and options so you can make a well-informed decision to protect your rights.