What Is the Process of Filing an Unseaworthiness Claim in Texas?
A very common term in the world of maritime law is “unseaworthiness.” Under maritime law, a seaworthy ship is a ship whose crew, equipment and hull are reasonably satisfactory in factors such as design and maintenance. In other words, a seaworthy vessel is able to perform its intended duties in its operation. On the other hand, an unseaworthy vessel is a ship that does not provide a maritime worker or seaman with a safe and suitable environment in which he or she can perform his or her work.
What Is Unseaworthiness?
If a seaman or maritime employee is injured, all that he or she needs to prove is that some condition or aspect of the ship, equipment or crew was not reasonably fit for its original and intended purpose, and he or she was injured as a result. Examples of unseaworthy conditions include:
- A vessel operator refusing to repair an old and failing tool or piece of equipment
- Slip and fall risks, such as slippery and/or unsafe surfaces
- Inadequate lighting
- Failure to provide guardrails
- Insufficient amount of medical supplies on board
Should I File an Unseaworthiness Claim Against My Employer?
If you are an injured seaman or maritime employee, you may be eligible to file an unseaworthiness claim. This claim can help to seek damages you suffered due to the dangerous equipment or ship condition that caused your injury. These damages can include lost wages, medical expenses, disabilities, etc. If you and your maritime attorney can collect the proper evidence and documents, you have the ability to prove unseaworthiness.
If you have been a victim of an unseaworthiness accident due to your employer’s negligence, you should consider speaking with an experienced maritime accident attorney. Contact Stevenson & Murray today for a free case evaluation.