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Defective Equipment

Due to the high-risk environment of the maritime industry, workers depend on not only having the proper equipment but also having that equipment function correctly; however, that doesn’t always happen. Equipment can have manufacturing defects, be missing parts or important safety guards, or be improperly maintained by the employer or vessel owner.

Unfortunately, the result of defective equipment is often injury or even death to the maritime employee operating or working close to the defective equipment. When you are injured by defective equipment, it is best to first report the injury and receive the appropriate medical treatment. Then, an experienced maritime injury attorney can help you establish negligence and fight for the compensation you deserve.

Attorneys for Maritime Employees Injured by Defective Equipment in Alaska, Washington, Oregon, and California

Defective equipment can be anything from machinery producing excessive noise to missing parts of safety gear. If you have suffered a maritime-related injury due to defective equipment in the Pacific Northwest, including Alaska, Washington, Oregon, or California, the experienced maritime injury attorneys of Anderson Carey Williams & Neidzwski, LLP will determine the negligent party and fight for maximum compensation in your case.

With decades of combined experience, the maritime injury lawyers of Anderson Carey Williams & Neidzwski, LLP serve clients coast-to-coast, helping them recover compensation under general maritime law and the Jones Act. To find out what Anderson Carey Williams & Neidzwski, LLP can do for your defective maritime equipment injury, call 1 (800) 262-8529 today and schedule your free initial case consultation.


Defective Equipment and Maritime Law

Under maritime law, there are potentially three liable parties for an injury claim arising from defective maritime equipment. The first potentially liable party is the manufacturer of the equipment. If the injury arose from defective design or a manufacturing defect (e.g., being composed of material insufficiently strong for the task it is designed for or having missing or defective parts), the manufacturer or distributor of the defective equipment may be the negligent party liable for your injury. However, if your employer knew or should have known that the equipment was defective and let you operate or otherwise use it, your employer has been negligent.

The second potentially liable party is your employer. If you are a seaman who suffered an injury due to defective equipment your employer provided, proof of such negligence is cause for action against your employer under the Jones Act. If you and your experienced maritime lawyer are able to prove your employer was negligent, you may be eligible to recover compensation for damages. Damages may include reduced earning capacity, occupational retraining, medical expenses, loss of enjoyment of life, or pain and suffering.

Finally, the third (and most likely) potentially liable party for your maritime defective equipment injury is the vessel owner. Under the warranty of seaworthiness, vessel owners have a reasonable duty of care to furnish their seamen with a vessel, equipment, gear, and a crew that are reasonably fit for their intended purpose. If the vessel owner knew or should have known that certain equipment on their vessel was not reasonably fit and that defective equipment caused an injury, they are liable under the doctrine of unseaworthiness. An example of how a vessel owner should know about defective equipment is through the performance of necessary safety inspections and proper maintenance.

Depending on the case, it may be possible for both seamen and shoreside workers, such as harbor workers, to recover from the vessel owner for unseaworthiness. An experienced maritime injury attorney at Anderson Carey Williams & Neidzwski, LLP can determine what legal avenues are most appropriate for your case and fight to attain the maximum compensation available to you.


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Types of Injuries from Defective Maritime Equipment

Maritime workers such as fish processors, merchant mariners, and deckhands rely heavily on the proper functioning of the equipment they use daily. Defective maritime equipment of any kind can cause serious injury or even death. Some of the injuries seen in the maritime industry due to defective equipment includes:

  • Lost limbs / amputated fingers
  • Brain injuries
  • Hearing loss
  • Head, neck, back, and shoulder injuries
  • Broken bones
  • Burns from fire, heat, explosions, or boiling water
  • Chemical burns
  • Repetitive use injuries
  • Spinal cord injuries
  • Frostbite
  • Electrocution
  • Hypothermia
  • Drowning

Seamen, such as deckhands, mates, mariners, engineers, fishermen, and processors can recover damages for their injuries under the Jones Act and/or the unseaworthiness doctrine if they can prove that the negligence of their employer or unseaworthiness of the vessel (or both) significantly contributed to their injury. For manufacturing defects, action against the liable third party may be pursued.

For shoreside workers (such as harbor workers, dockyard workers, etc.) who are covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), there may be a claim against the vessel owner for negligence, or a claim against a third party for defective equipment. An experienced maritime injury attorney at Anderson Carey Williams & Neidzwski, LLP can determine negligence and liability, and guide your case down the correct path to fight for maximum compensation.


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Anderson Carey Williams & Neidzwski, LLP | Maritime Accident Lawyers for Defective Equipment Injury

If you have been injured due to defective equipment anywhere in the Pacific Northwest, including California, Alaska, Washington, or Oregon, contact the experienced maritime injury lawyers of Anderson Carey Williams & Neidzwski, LLP. With offices in Seattle, Bellingham, Portland, and San Francisco, the attorneys of Anderson Carey Williams & Neidzwski, LLP have a personal passion for maritime ventures and will fight for maximum compensation in your case. Your first consultation is free, so call 1 (800) 262-8529 today and schedule yours.


 

  • The Maritime Law Association of The United States
    The Maritime Law Association of the United States (MLA) was founded in 1899. Its formation was prompted by the organization, some three years earlier, of the International Maritime Committee.
  • Washington State Bar Association
    The Washington State Bar Association operates under the delegated authority of the Washington Supreme Court to license the state's nearly 40,000 lawyers and other legal professionals.
  • Oregon State Bar
    The Oregon State Bar is a government agency in the U.S. state of Oregon. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulates the legal profession.
  • Alaska Bar Association
    The Alaska Bar Association is a mandatory bar association responsible to the Alaska Supreme Court for the admission and discipline process of attorneys for the State of Alaska.