Alaska’s maritime workers spend weeks and even months at sea. While this can be an exciting and exhilarating occupation, it is one that comes with many risks and safety concerns. As such, federal laws were put in place to provide extra protection to seamen, providing them with recourse in the event of a workplace accident or injury on a vessel.
The quality and safety of the vessel seamen work on is paramount. There are specific laws that concern the seaworthiness of a vessel. In other words, is the vessel safe for the workers to carry out the duties of their job? And if a seaman is injured on a vessel, this could question the seaworthiness of the vessel and could give rise to a legal claim.
Unseaworthy vessel claim
At Trueb Berne & Beard, LLP, our law firm has decades of experience handling maritime matters. Our attorneys have in depth knowledge of federal maritime laws, which aids the firm’s ability to handle a wide range of matters concerning maritime injuries and deaths.
With regard to an unseaworthy vessel claim, this legal action focuses on the legal duty vessel owners have to the seamen working on their vessel. Owners have the legal duty and obligation to provide a vessel that is seaworthy. This means that all aspects of the vessel are fit for their intended purposes and are working properly. Thus, if a seaman is injured on a vessel, it is important to question whether the unseaworthiness of the vessel is the cause of contributing factor in the incident.
What constitutes unseaworthiness?
Many dangers and risks are involved with work on a vessel. As such, specific laws are designed to protect seaman against the dangers that could be prevented by ensuring the vessel is safe and seaworthy. This means that vessel owners have the duty to ensure their vessel is safe for seaman to work at sea.
The term “unseaworthiness” covers a wide range of situations and specific actions; however, the common circumstances that could lead to an unseaworthy vessel claim will be addressed. These include failing to properly train the crew on the vessel, having faulty safety procedures, failure to have safety equipment that works properly, having vessel equipment fail, the improper design of the vessel, inappropriate vessel stability, failure to provide proper clothing and gear to the crew, failure to man the vessel and the violation of any safety law or regulation.
An unseaworthy vessel claim could help an injured seaman recover losses and damages caused by the incident. These include past and future lost wages, loss of earning capacity, pain and suffering, medical bills and other related damages. Maritime matters are often serious and complex, making it imperative that seamen understand their rights and options.