You might think that if a vessel was unseaworthy, it wouldn’t be allowed to leave port. Unfortunately, history has proven that this simply doesn’t always happen. Despite the cargo on board, to say nothing of the many lives at risk, unseaworthy vessels have been allowed to embark, in direct violation of the Jones Act. When this happens, any maritime worker needs a Jones Act attorney in Houston, like those from Kirkendall Dwyer LLP, to take action on their behalf.
Though the Jones Act ensures compensation for any maritime worker who can prove that negligence on the part of a coworker or employer caused their injury, it’s actually not all that straightforward when it comes to issues of unseaworthiness. Its complicated nature is why a qualified Jones Act attorney in Houston is necessary for representation.
For one thing, a ship can be unseaworthy for a number of reasons. Obviously, if it’s able to leave port, there isn’t an apparent issue like a gaping hole that would let water in.
Any preexisting issue that could cause an accident onboard a vessel can make it unseaworthy. Examples would be malfunctioning equipment, lack of sufficient workers or food aboard, even steps that are too steep.
Another unique feature of a claim of unseaworthiness is that it’s brought against the ship’s owner, not the person who employed the injured worker. The idea is that this will automatically force the hand of the person who has the power to make the necessary changes. Were this not the case, an owner would have reason to simply keep issues of unseaworthiness under their hat until something went awry, and the crew’s employer would be forced to pick up the bill.
Hopefully the above helps illustrate how important a Jones Act attorney in Houston is when it comes to claims of unseaworthiness. Kirkendall Dwyer LLP can help better clarify matters and provide you with representation if necessary.
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