A vessel is considered unseaworthy if any part of its equipment, crew, or overall condition is not adequately suited for its intended use. This is broader than most people expect.
It doesn’t just mean the boat was sinking. Courts have found vessels unseaworthy because of a wet or icy deck with no non-slip surface, a defective winch or pot hauler, lines or gear that were worn or wrong for the job, inadequate crew for the vessel’s demands, or failure to provide proper safety equipment.
The Jones Act allows injured seamen to sue their employer for negligence; someone failed to exercise reasonable care and that failure caused your injury. You must show that somebody did something wrong.
An unseaworthiness claim works differently. A shipowner has an absolute duty to provide a seaworthy vessel, meaning ‘I didn’t know about the problem’ is not a defense. A worker must only show that the vessel or its equipment was not reasonably fit, and that condition caused the injury.
Commercial fishermen: If a hydraulic block fails without warning and strikes a worker’s arm while hauling gear, the equipment was defective. This is unseaworthiness.
Crab boat workers: If a worker slips on an iced over deck while working and the vessel lacked adequate non-skid surfaces or proper footwear wasn’t provided, the vessel may be unseaworthy, and the owner can be held responsible.
Tug and barge workers: If a worker is injured crossing between the tug and barge because the transfer point was inadequate for conditions, it could be a case of unseaworthiness.
To file an unseaworthiness claim, a worker must typically be a seaman who spends a substantial amount of time working on a vessel at sea. Most commercial fishermen, crab boat deckhands, and tug crew qualify. A maritime attorney can verify this.
Unseaworthiness claims can result in compensation for medical expenses, lost wages, pain and suffering, and more. Because the worker doesn’t have to prove negligence, these claims can sometimes be easier to establish than a Jones Act claim alone. Using both legal theories enables your attorney to seek maximum compensation.
Many injured maritime workers assume that if the boat didn’t sink, they don’t have legal options. That is not true. A defective piece of equipment or an unsafe deck condition can be the basis for a serious unseaworthiness claim.
If you were injured while working on a vessel you believe was unseaworthy, contact Stacey & Jacobsen, PLLC for a free consultation.