We have won more than $40 billion in jury verdicts and settlements and have been in business for almost 70 years.
The doctrine of unseaworthiness is a feature of the general maritime law. A vessel owner owes seamen a strict and absolute duty to provide a seaworthy vessel. A seaworthy vessel is one that is reasonably fit for its intended use.
The unseaworthiness defendant is the vessel owner or the operator if the operator has “full possession and control” over the vessel. Unlike the Jones Act claim which is against the seaman’s employer, an unseaworthiness claim is made against the vessel’s owner. In many cases, those two will be the same.
An unseaworthiness claim against the vessel owner is often combined with a Jones Act claim against the seaman’s employer. Both claims must be filed within 3 years of the injury. If an unseaworthiness claim is joined with a Jones Act claim, the plaintiff may ask for a jury trial on the unseaworthiness claim as well as the Jones Act claim.
The duty to provide a vessel that is reasonably safe extends to all parts of the vessel and to almost all facets of its operation. The fact that the unseaworthy condition occurred after the vessel left port is immaterial. It is no excuse that the vessel owner had no notice of or opportunity to correct the condition that caused the injury; liability still will exist. The warranty of seaworthiness is absolute, continuing, and non-delegable. It extends to all parts of the vessel, including the hull, appliances, appurtenances, gear and equipment, even the vessel’s manpower. For example, unfit crew members or an insufficient number of crew members on the vessel may constitute an unseaworthy condition. In addition, temporary conditions such as oil, water, or ice on the deck, known as transitory unseaworthiness, provides a basis for a recovery.
An unseaworthy condition can be created by employees of the owner or even independent contractors. The warranty of seaworthiness imposed by the operation of law on a vessel owner or operator is a powerful tool to protect the rights of seamen.
To contact us for a free confidential consult, you can call us at (850) 435-7000 (Pensacola) or (800) 277-1193 (toll free). You also can request a free private and confidential evaluation by clicking Maritime & Boating Evaluation Form, and your inquiry will be immediately reviewed by one of our attorneys who handles your specific type case.
By clicking the "I agree" and "Submit for Free Evaluation" buttons, I agree to the POLICIES AND DISCLAIMERS, including arbitration provision therein, and consent to receive marketing emails, calls and/or texts, including those made using an automated system and/or artificial/prerecorded voice messages, from or on behalf of Levin Papantonio Rafferty regarding their services in response to my inquiry at the telephone number(s) provided above, even if currently listed on any state, federal or corporate Do Not Call registry. I understand my consent to receive automated marketing calls/texts is not required as a condition of purchasing any services. However, if I do not consent, then I must call the law firm directly at 800-277-1193 in order to obtain services. I can revoke my consent at any time.
Levin Law