Do you have a Maritime Injury Case?

All vessel owners or operators have a duty imposed by law to provide a safe and seaworthy vessel to any party involved with their boat.  The owner or operator of a ship breaches its duty when something causes its ship to be unsafe or unseaworthy. 

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Some examples of hazardous conditions which could constitute a breach of this duty include any of the following:

• Slippery floors
• Untrained or improperly trained workers
• Broken or malfunctioning tools or parts
• Failure to have, implement, or notify people of safety measures in place on the vessel

The Basic Requirements

Many people injured while at sea are entitled to benefits under federal maritime law if they can show that they were owed a duty, someone breached that duty, and the breach caused the injury.  

However, after making the above determinations, there are two additional requirements needed to bring an admiralty law personal injury claim against a vessel’s owner or operator.

Navigable Waters Requirement

First, the location of where the injury occurred must have happened on or over navigable waters. 

Navigable water is any and every body of water that connects two or more states, or countries.  For example, Lake Superior is a navigable body of water because the lake’s coastline joins Minnesota, Wisconsin, Michigan, and Ontario, Canada. 

On the other hand, the Great Salt Lake is not considered a navigable body of water because the lake is wholly in Utah and does not join any other states or countries.

Another prerequisite of being considered navigable waters is that the water must be used or is capable of being used as a highway for commerce.

Being used as a highway for commerce means that ships can travel on the water for the purpose of trade and transport of goods.

Maritime Activity Requirement

The second requirement needed to bring a maritime law personal injury claim is that the general character of the activity which caused a person’s injury must have a substantial relationship to traditional maritime activity. 

To have a substantial relationship with traditional maritime activity, the action in question must involve a vessel and have a potentially disruptive impact on maritime commerce.

It is generally not difficult to meet this second requirement. 

A “vessel” is any watercraft that is capable of use or is in use as a means of transportation on water.  Any floating object that can move on the water meets this definition.  

Also, because almost every activity that takes place on a navigable body of water has the potential to influence maritime commerce—including a private individual using a personal boat for a day trip—impacting maritime commerce is not a hard status to achieve.

If you meet the above requirements, you may have a viable admiralty law case.  However, who is bringing the action or what that case is about will determine which admiralty laws a court will apply.

It is important to hire a lawyer who is experienced and knowledgeable about the nuances of maritime law to litigate and try your case.

For example, seamen can bring maritime cases under the Jones Act, which you can read about in our blog post: Basics of Offshore Injury Cases Under the Jones Act.

On the other hand, a longshoreman or harbor worker can bring their maritime claim under the Longshore & Harbor Workers Compensation Act (LHWCA). 

Next week’s blog post will discuss the LHWCA in detail.

In the meantime, you can read more about remedies available to longshoremen and harbor workers in our blog post: Two Powerful Remedies for Injured Longshoremen and Harbor Workers.

Finally, even passengers and guests on a boat like a cruise ship can bring a claim under maritime law because the owner or operator of the vessel is responsible for the health and safety of their passengers. 

A future blog post will discuss further details on the governing rules and remedies available for passengers.

If you found this post helpful, you may find other helpful information at the following links:

• What is Maritime Law?
• Basics of Offshore Injury Cases Under the Jones Act
• Two Powerful Remedies for Injured Longshoremen and Harbor Workers

Types of Maritime Injuries

Maritime injuries can occur in various contexts, including but not limited to commercial fishing, shipping, offshore oil rigs, and harbor work. Common injuries include:

• Slips and falls: Wet and slippery surfaces on vessels or docks can lead to serious slip and fall accidents.
• Equipment-related injuries: Defective or poorly maintained equipment can cause severe harm, including amputations, crush injuries, and head trauma.
• Exposure to hazardous materials: Workers may suffer exposure to toxic substances, leading to long-term health issues.
• Burns and explosions: Fires and explosions are significant risks on ships and offshore rigs, potentially causing severe burns or other traumatic injuries.

Employer Negligence and Liability

A key factor in determining whether you have a maritime injury case is whether employer negligence contributed to your injury. Employers must maintain a safe working environment. This includes providing adequate safety training, ensuring proper equipment maintenance, and adhering to safety regulations. If an employer fails in these duties, they may be held liable for resulting injuries.

Examples of employer negligence include:

• Inadequate training: Failing to provide proper training for handling equipment or emergency procedures.
• Lack of safety gear: Not supplying necessary safety gear, such as life jackets, harnesses, or protective clothing
• Poor maintenance: Allowing equipment to fall into disrepair, increasing the risk of accidents.
• Ignoring safety protocols: Not enforcing safety protocols or cutting corners to save time or money.

Third-Party Liability

In some cases, third parties may be liable for maritime injuries. Examples may include manufacturers of defective equipment, subcontractors, or other entities involved in maritime operations. Establishing third-party liability can be complex, requiring a thorough investigation to determine all potential responsible parties.

Gathering Evidence

Building a strong maritime injury case requires comprehensive evidence. This evidence includes:

• Medical records: Detailed documentation of your injuries, treatments, and prognosis.
• Incident reports: Official reports filed at the time of the accident
• Witness statements: Testimonies from coworkers or others who witnessed the incident.
• Photographs and videos: Visual evidence of the accident scene, equipment, and injuries.
• Maintenance records: Documentation showing whether the vessel owner failed to maintain equipment properly.

The Importance of Legal Representation

Navigating maritime law and building a compelling case requires specialized knowledge and experience. A maritime injury lawyer with Armstrong Lee & Baker LLP can provide invaluable assistance in several ways:

• Case evaluation: Assessing the viability of your case based on the specifics of your injury and the circumstances.
• Evidence collection: Gathering and preserving crucial evidence to support your claim.
• Expert testimony: Engaging experts to provide testimony on technical aspects, such as equipment functionality or safety standards and regulations.
• Negotiation and litigation: Negotiating with employers or insurance companies and representing you in court if necessary.

Speak With an Armstrong Lee & Baker LLP Maritime Injury Lawyer

If you’ve been injured while working in a maritime environment, it’s essential to understand the various factors that contribute to a valid maritime injury case. Consulting with an experienced Armstrong Lee & Baker LLP maritime injury lawyer is essential to your chances of receiving the compensation you deserve for your injuries. Schedule a free consultation by contacting us online or calling 832-402-6637.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

Get in touch with Scott Armstrong now.