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UNSEAWORTHINESS
Another source of recovery for a seaman outside of a Jones Act claim is pursuing a claim that the vessel was unseaworthy. The warranty of seaworthiness is owed to the vessel’s crew by the operator of the vessel, and means that the vessel must be reasonably fit for its intended use. This means that the vessel must be a reasonably fit place not only to work, but also for the seaman to live.
The Supreme Court has established that this duty exists despite whether or not due care was exercised, i.e. that it is a form of strict liability. It also exists independently of a Jones Act claim. But, both can be brought together in a single action. An experienced attorney will be able to make sure you assert all of the claims available to you so that you recover the maximum amount possible.
We encourage you to explore the resources and information on our website related to unseaworthiness and other maritime claims. We are available to answer your questions any time of the day, any day of the week. Our maritime attorneys have the experience necessary to get you the answers you are looking for. Don’t waste your time wondering if you are entitled to a recovery for your maritime injuries. Call a maritime attorney at Kirkendall Dwyer LLP today, and get on the road to recovery.
The Value of an Unseaworthiness Claim
Conditions that rise to the level of Unseaworthiness
Damages Recoverable and Examples of Unseaworthiness
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