Unseaworthiness Claims

An unseaworthiness claim is a legal option for injured crew members seeking compensation for harm caused by a vessel that is unfit or unsafe for its intended purpose. Under maritime law, unseaworthiness occurs when a vessel is not properly equipped or maintained, or when it lacks a well-trained crew or has hazardous conditions on board. For offshore workers, understanding this type of claim is essential, as it can provide vital compensation for injuries sustained at sea due to unsafe vessel conditions.

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At Armstrong Lee & Baker LLP, we understand the unique challenges a person faces working offshore in Houston, TX, and are here to make sure that justice is served on your behalf. Offshore injuries can be life-altering, and knowing your rights under maritime law is the first step in rebuilding your life.

What it covers

The claims of unseaworthiness include slips and falls resulting from the condition of the vessel, malfunctioning equipment, and improperly stored cargo. This legal standard ensures that the owners of vessels provide a safe working environment for crew members. The duty to provide a seaworthy vessel encompasses several critical aspects:

1. Equipment Maintenance: All the machinery and equipment on the boat should be properly maintained. One faulty piece of machinery may lead to serious injuries: a loose winch or even a broken ladder.
2. Crew Competence: A vessel owner must make sure the crew is properly trained to do their job with safety. An inexperienced or short-staffed crew creates hazardous working conditions.
3. Physical Condition of the Vessel: The vessel should be structurally sound and free from hazards such as rusted surfaces, unsecured ladders, or poorly lit passageways.

These are some of the key obligations to be followed for the safety of offshore workers and to prevent injuries. Even minor issues, like cargo stored improperly and shifting during transport, can create significant risks. 

Who can file

A claim may be filed by the injured crew member or the surviving family members. This right is reserved for those individuals classified as “seamen” under maritime law. Seamen, unlike other land-based employees, have special legal protection due to the inherent hazards of working at sea.

To fall within the category of a seaman, you must spend a sufficient amount of your work time aboard a vessel in navigation. It could be tugboats, oil rigs, and even cargo ships. Once this is established, you will have the right to file an unseaworthy claim when injuries arise from unsafe vessel conditions.

Claims can also be filed by family members in case of a wrongful death caused by unseaworthiness. Many of these claims seek the recovery of financial support, funeral expenses, and emotional damages. This aspect is particularly vital for families relying on the income of an offshore worker.

Who is liable

There is a liability in damages if there is a breach of the duty to maintain a seaworthy vessel. The law of maritime holds vessel owners strictly liable and places responsibility on owners for unsafe conditions even when the owner has no knowledge of the problem. This standard places great emphasis on regular inspections and proactive maintenance.

It is important to note that liability does not necessarily stop with the immediate owner. In some instances, the charterer or operator of the vessel may also be held liable. For example, if a company charters a ship and then fails to have an adequately trained crew or keeps the gear in working condition, it may be liable for injuries sustained. In unseaworthiness claims, liability is not based on negligence but rather on the condition of the vessel.

Federal court decisions confirm this divergence by explaining that unseaworthiness claims implicate the fitness of the vessel for its intended purpose and not at all the negligence of the crew. This broader standard permits injured seamen to recover damages without necessarily proving fault.

What compensation is available

Damages include medical expenses, lost wages, pain and suffering, and disability. Because offshore injuries can have long-lasting and even permanent effects, the damages recoverable under an unseaworthiness claim are substantial. These usually fall into the following categories:

1. Economic Damages: These range from medical bills and rehabilitation costs to lost wages during one’s recovery. You may also be entitled to recover compensation for loss of earning capacity if your injuries prevent you from returning to work.
2. Non-Economic Damages: Severe injuries generally involve pain, suffering, and mental anguish. Under maritime law, injured seamen are allowed to recover these damages for the personal impact an accident has.
3. Future Damages: Severe injuries can permanently handicap someone. Damages can be provided for future care, alteration of residence, and all other changes one may need.

Wrongful death actions also include the damages awarded to surviving family members. Most of the damages are for companionship, monetary support, and guidance that were lost with the death of their family member.

Difference from a Jones Act claim

The difference between unseaworthiness claims and Jones Act claims is that the former does not require any proof of negligence. Yet, an injured crew member may bring both claims. Though both are based on maritime law, each serves a different purpose.

The Jones Act gives a right to sue the employers in case of injury due to negligence, which may involve lack of proper training or failure to adhere to safety concerns. Unseaworthiness claims, on the other hand, are based exclusively upon the condition of the vessel. Even when the crew or employer acted responsibly, the shipowner may be held liable for injuries caused by an unseaworthy vessel.

Because these claims overlap, injured workers often pursue both to maximize compensation. A maritime attorney can help determine which claims apply to your situation and guide you through the process.

Difficulty of filing

Filing a claim for unseaworthiness can be difficult and overwhelming for anyone without a background in maritime or admiralty law. Cases involving offshore injuries often come with complex legal standards, many parties, and overlapping jurisdictions.

For example, proof of unseaworthiness may require expert testimony about vessel maintenance standards or safety procedures. Identification of all responsible parties, including absentee owners or third-party contractors, further complicates the matter. Most maritime cases are also heard in federal courts operating under different rules than state courts.

Given these challenges, it is important to work with an experienced maritime injury attorney who can sort through the complexities of maritime law, build a strong case, and fight for the maximum compensation possible. Resources like the IMCA guidelines on offshore safety provide critical benchmarks against which vessel conditions can be judged.

Contact Armstrong Lee & Baker LLP for Offshore Injury Help

Offshore injuries are life-changing, but you do not have to go through it alone. If you have been injured as a result of a vessel being unseaworthy, then Armstrong Lee & Baker LLP is here to assist you. Call us today at 832-402-6637 for a consultation to help you secure the compensation you deserve.

Joshua Lee

Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world. Our lawyers have 25+ years of combined experience.

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