A vessel can be considered unseaworthy, even if it is able to operate and is not in danger of sinking. Unseaworthiness can mean that the vessel does not provide a safe environment to live and work. It can be a vessel that lacks the appropriate safety gear and equipment. To put is simply, an unseaworthy vessel is one that is not fit for all aspects of its voyage.
Some of the factors that can cause a vessel to be deemed “unseaworthy” include the following:
Defective gear or equipment
Faulty machinery
Inadequate crew
Dangerous condition (oil, rust or grease)
Poor maintenance
Crew member violence
Seamen are protected under the law when they are injured on an unseaworthy vessel. These types of claims can be confusing and are not as cut and dry as some negligence cases. An unseaworthiness claim is typically filed against the vessel owner and is an additional source of recovery for injured maritime workers. Damages available are similar to negligence claims and include such things as past and future lost income, past and future medical expenses, pain and suffering, mental anguish, disfigurement and other costs associated with the maritime injury.
When it comes to an injury caused by an unseaworthy vessel, you only have three years from the date of your injury to file your claim. While this may seem like plenty of time, the quicker you take action, the better. Your maritime attorney will need to gather evidence and documentation, as well as investigate your claim.
Before you settle with the insurance company regarding your maritime injury, you should consider talking with an experienced Houston maritime attorney who can explain your legal rights and ensure that you are fully compensated. Contact Attorney Steve Lee today at (800) 232-3711 for legal advice.