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One of the most common causes for maritime law civil claims is unseaworthiness. The warranty of unseaworthiness maintains that it is the responsibility of the shipowner or other sea vessel owner to provide a vessel that is reasonably fit for its purpose., though he or she is not obligated to provide an accident-free ship. Failure to provide a vessel that is at least reasonably seaworthy is negligence under maritime law.
A seaman who is injured due to the unseaworthiness of the vessel has cause to bring civil action against the vessel owner for compensation to cover his or her damages. As maritime law can be complicated, it is recommended you hire an experienced maritime injury attorney serving the Pacific Northwest if you are a seaman wishing to pursue such compensation for a maritime injury sustained in Washington, Oregon, Alaska, California, or the related waters.
Any injury suffered due to circumstances that reasonably should not be present aboard a vessel may be caused by unseaworthiness. If you have suffered injury in port at Seattle, Portland, Bellingham, or elsewhere in Washington and Oregon, or at sea in places like the North Pacific, Bering Sea, Gulf of Alaska, Puget Sound, or the Inside Passage of Southeast Alaska, contact the maritime injury attorneys with decades of combined experience at Anderson Carey Williams & Neidzwski.
With a dedication to the favorable resolution of maritime injury claims fueled by a personal passion for maritime pursuits, the maritime injury lawyers of Anderson Carey Williams & Neidzwski in Seattle, Portland, and Bellingham will fight for fair compensation in your case, even if it means facing a large maritime employer or insurance company. To schedule your free consultation on what Anderson Carey Williams & Neidzwski can do for your unseaworthiness claim, call 1 (800) 262-8529 today.
Unseaworthiness Information Center
While the Jones Act, or 46 U.S.C. § 30104, is the maritime law for a negligence claim by a seaman against his or her employer, it is the warranty of seaworthiness under general maritime law under which a seaman can bring a civil action against a vessel owner based on unseaworthiness. However, the definition of unseaworthiness is not found in this law. Rather, the definition determined by the U.S. Supreme Court to be the official definition is that set forth in Mahnich v. Southern Steamship Co. This case defines the warranty of seaworthiness as the shipowner's absolute duty to furnish his seamen with a vessel and its related equipment which are reasonably fit for their intended use.
Included in this definition is the duty of the vessel owner to provide adequate safety equipment for the tasks to be performed on the vessel, as well as a crew that is reasonably adequate in size and competent in skill for the work at hand. A seaman's injury due to the failure of equipment under proper use, missing necessary safety equipment, or a violent crewmember may all be grounds for an unseaworthiness claim brought against a vessel owner. An experienced maritime injury attorney in Washington and Oregon can examine your case for signs of unseaworthiness or other negligence for your injuries sustained in the Pacific Northwest, and help you bring a case against the vessel owner to fight for the damages you need.
In order to bring an unseaworthiness claim against a vessel owner, the plaintiff must be able to prove a number of elements. The element that is first and foremost is that the plaintiff must be able to show that he or she had seaman status at the time of the injury. This means that the plaintiff must be able to show beyond a preponderance of the evidence, or beyond a 50% chance of probability of truth, that:
Examples of seamen that may bring a claim of unseaworthiness against a vessel include merchant mariners, officers, mates, engineers, deckhands, commercial fishermen, tankermen, and tugboat crew members. For one of these or another seaman to bring an unseaworthiness claim, he or she must prove not only that the vessel was unseaworthy, but that the unseaworthy condition played a substantial part in bringing about the injury or damage that occurred to the seaman. Even if contributory negligence on behalf of the seaman contributed to the accident, he or she may still have a claim of unseaworthiness to the extent that it caused the injury or damages.
It is important to note that it is not the duty of the vessel owner to provide a ship that is completely accident-free, but rather a vessel that is reasonably fit. If the vessel was equipped with equipment that another vessel owner in the same situation would reasonably provide, and if safety procedures from entities like the Coast Guard were reasonably followed, the vessel may be declared reasonably fit. This makes it important when considering a Jones Act unseaworthiness claim to choose an experienced Seattle maritime injury attorney who knows his or her way around unseaworthiness in Washington, Oregon, Alaska, California, and Hawaii.
Employment as an able-bodied seaman, fisherman, or other maritime-based occupation is highly dangerous and unfortunately can result in the death of a loved one. When this death is due to vessel unseaworthiness occurs in international waters, or beyond three nautical miles from the shore, the unseaworthiness claim must be brought under 46 U.S.C. § 30301, known as the Death on the High Seas Act or DOHSA.
DOHSA states that when the death of an individual is caused by wrongful act, neglect, or default more than three miles from the United States shoreline, civil action benefitting that person's spouse, parent, child, or dependent relative may take place. This includes cases of unseaworthiness against a vessel owner. The wrongful death action through DOHSA may only be for economic damages such as medical expenses prior to death, funeral expenses, and loss of financial support. Non-economic damages, such as loss of consortium, and punitive damages are excluded.
The test of unseaworthiness is the same for wrongful death at sea as it is for the general maritime law. The failure of the vessel owner or shipowner to provide a vessel and gear that are reasonably fit for their intended purpose is considered unseaworthiness, and potentially grounds for action. If any of the following factors contributed to your loved one's death at sea, you may have a case for unseaworthiness under DOHSA:
The terms equipment or appurtenance do not necessarily indicate everything on the vessel, but their definition is also not limited to ship-type equipment such as a winch, rope, ladder, pad-eye, or shackle either. An experienced maritime injury attorney serving the Pacific Northwest and beyond can help you determine if your loved one's death on the high seas surrounding Washington, Oregon, Alaska, California, or Hawaii was due to unseaworthiness. Then, your qualified Portland maritime injury attorney can establish a case at court to fight for the damages you and your family need.
Anderson Carey Williams & Neidzwski | Maritime Injury Attorney for Unseaworthiness in the Pacific Northwest
If you have suffered an injury on a vessel due to unseaworthiness in Alaska, California, Hawaii, Oregon, Washington, or the related waters , contact the passionate and skilled maritime injury attorneys of Anderson Carey Williams & Neidzwski in Portland, Seattle, and Bellingham. They will fight for the maximum compensation you deserve, whether it means obtaining a fair settlement or going to trial. Your first consultation with Anderson Carey Williams & Neidzwski is free, so call 1 (800) 262-8529 today and schedule yours.
This website was designed for martime lawyers and was created solely for general information purposes. Nothing on this website should be construed as legal or medical advice. Only a maritime attorney or physician licensed to practice in your state can provide you with official guidance based on the specific details surrounding your situation.
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