[av_textblock size=” font_color=” color=” custom_class=”]

DAMAGES AND EXAMPLES

Examples of Unseaworthiness

While this is by no means an exhaustive list of the conditions that rise to the level of unseaworthiness, here are some common examples:

• A vessel may be considered unseaworthy if it doesn’t have the proper equipment, such as snow boots for cold weather, or if tools provided are defective or inadequate.
• The crew on the ship must be competent, and the number of workers provided for any task must be adequate as well.  Failure to do so can be considered unseaworthy.
• Broken or worn ladders, cluttered or oily decks, worn or unsafe staircases
• Unseaworthiness usually refers to a condition that could have been avoided such as improper design, construction, inspection, or maintenance.

Damages that can be recovered under an Unseaworthiness Claim

The damages that may be recovered under an unseaworthiness claim are similar to what is recoverable under the Jones Act: medical expenses, loss of earnings, disability, and pain and suffering.  Because there is so much overlap, it is required that the two claims be brought at the same time in order to prevent a seaman from recovering more than he is entitled to.  If one claim is left out, it is waived.

However, there is one important difference between the two: a seaman can recover punitive damages from a shipowner in an unseaworthiness claim, while punitive damages are not recoverable under the Jones Act.  This makes it critically important to have an attorney that is willing to dedicate the time and the resources to make sure every possible avenue of recovery is covered.

In order to recover punitive damages, the shipowner’s failure to provide a seaworthy vessel must be shown to be grossly negligent or willful.  If the facts of your case support such a characterization, we can help you recover the full amount of damages you are owed.  Contact us today to discuss your case.

Back to Unseaworthiness Homepage
[/av_textblock]