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VALUE OF UNSEAWORTHINESS CLAIM
Similar to maintenance and cure, many of the damages that will be recovered with an unseaworthiness claim can also be covered with a Jones Act claim. If this is the case, why is seaworthiness still valuable? There are several reasons:
- With a claim for unseaworthiness, the duty exists without having to prove negligence. Therefore, if for some reason a breach can not be proven, a claim for unseaworthiness provides options for recovery.
- A claim of unseaworthiness can give rise to a lien against the vessel. This is not possible with a Jones Act claim, but is very useful in recovering damages.
- The Jones Act only provides for causes of action on behalf of a seaman against his employer. The case often arises however that the seaman was not an employee of the vessel owner. In this case, a Jones Act claim would be barred, but a seaworthiness claim would not be.
We encourage you to contact one of our maritime attorneys as soon as possible to discuss your case. An experienced maritime attorney can make sure every available avenue of recovery is pursued, so that you are compensated to the maximum extent possible. In this field of the law, there are numerous overlapping remedies, and it is often necessary to pursue several of them at the same time. Only an experienced maritime attorney can consider your case from every aspect, and advise you as to how to proceed.
Questions? Don’t wait. Contact us today. It costs you nothing and can give you the answers and peace of mind that you have been waiting for.
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