Unseaworthiness Claims: Holding Vessel Owners Accountable

Unseaworthiness Claims: A Maritime Worker's Guide to Holding Vessel Owners Accountable

Undefeated Maritime Attorneys

Every employer is legally obligated to maintain a safe workplace. But when your job takes you out to sea, hundreds or even thousands of miles from shore and the nearest land-based emergency room, the risks associated with unsafe conditions aboard a ship or other seafaring vessel rise exponentially.

The “doctrine of unseaworthiness” recognizes these inherent dangers and imposes an absolute obligation on owners to ensure their vessels—including all equipment and crew—are in reasonably good condition and fit for their intended purpose. When this obligation is breached, an unseaworthiness claim allows injured seamen or their surviving family members to seek compensation from the vessel owner.

Our award-winning and undefeated maritime attorneys have successfully represented Jones Act seamen, other offshore workers, and their families in connection with some of the worst maritime disasters in recent history. Unfortunately, it’s been our experience that, in far too many cases, these companies will do just about anything to avoid paying injured maritime workers all they’re owed, regardless of what the law might be. And as our history of record-breaking verdicts and settlements demonstrates, we also know what it takes to overcome those tactics and recover the maximum compensation possible for all of our clients’ injuries and losses.

Understanding the Unseaworthiness Doctrine

According to the U.S. Centers for Disease Control and Prevention, maritime workers experience far greater rates of injury, illness, and death than workers in virtually any other industry. As one of Admiralty law’s oldest and most powerful protections, the unseaworthiness doctrine’s core principle has remained the same for over two centuries: owners are responsible for the safety of their vessels, whether or not they caused or were personally aware of unsafe conditions.

What does this mean for you and your family?

If you or a loved one was hurt because of an unseaworthy condition, you don’t have to prove negligence. You only need to show that the condition existed on the vessel and that it played a substantial role in causing the harm.
An owner’s duty to maintain a seaworthy vessel can’t be passed off to someone else. If an owner contracts out repairs, maintenance, or crewing to a third party and substandard work creates an unsafe condition, the owner is still responsible, no matter who did the work.
Your vessel doesn’t have to be underway when you’re hurt. Workers injured while docked or in port have successfully brought unseaworthiness claims, as long as the vessel was in navigation at the time.

As with maintenance and cure, you must meet the legal definition of a “Jones Act seaman” to pursue an unseaworthiness claim. In other words, you must be able to demonstrate that:

Your work contributes to the function or mission of a vessel.
You spend a significant portion of your working time — generally at least one-third — aboard that vessel or a fleet of vessels under common ownership.

Maritime workers who qualify as Jones Act seamen typically include merchant mariners, commercial fishermen, tugboat and towboat crews, supply vessel and crewboat workers, tank barge crews, dredge workers, commercial divers, and offshore oil and gas workers assigned to mobile drilling units, drillships, jack-up rigs, and semi-submersibles.

What Makes a Vessel Unseaworthy?

The term “unseaworthy” might bring to mind a ship taking on water, slowly slipping beneath the waves. But a vessel doesn’t need to be sinking to meet the legal definition of “unseaworthy.” The fact is, any condition that makes a vessel unfit for its intended purpose makes it unseaworthy, including:

Defective or poorly maintained equipment: Broken or worn machinery, faulty winches, cranes, rigging, cables, and tools that haven’t been properly maintained or replaced.
Slippery or hazardous deck surfaces: Oil, grease, water, fish gurry, or other substances that haven’t been cleaned up, as well as deck layouts that create unnecessary hazards.
Inadequate or missing safety gear: Life vests, lifeboats, fire suppression equipment, emergency lighting, and fall protection that are missing, outdated, improperly maintained, or insufficient for the number of crew aboard.
Improperly secured or loaded cargo: Cargo that shifts or breaks free in rough weather, is stowed in a way that endangers the crew, or isn’t properly secured for the conditions the vessel is likely to encounter.
Structural defects: A corroded or compromised hull, unsafe stairways, ladders, or walkways, and design flaws that put crew members at risk.
Insufficient or incompetent crew: A vessel that’s understaffed for the work being performed, or crewed by workers who aren’t adequately trained for their assigned tasks.
Dangerous crew members: A crew member with a known tendency toward violence or dangerous behavior can also make a vessel unseaworthy.
Inadequate sanitation or medical resources: Unsanitary living quarters, lack of clean water, or insufficient medical supplies for the voyage can all support an unseaworthiness claim.

Unsafe conditions don’t need to be permanent to meet the legal definition of unseaworthiness. Even those that exist only briefly — a sudden spill, a temporarily misplaced piece of equipment, an unguarded opening — can give rise to a claim if they contributed to your injury.

Unseaworthiness Vs. Jones Act Claims

While injured seamen often pursue unseaworthiness and Jones Act negligence claims together, you should understand that they are distinct legal remedies and subject to different legal requirements:

What you have to prove: Under the Jones Act, you have to show that your employer was negligent and that their negligence played some role — even a minor one — in causing your injury. An unseaworthiness claim doesn’t require proof of negligence at all. You only have to show that an unsafe condition existed on the vessel and that it was a substantial contributing factor in your injury.
Who’s responsible for what: The Jones Act focuses on your employer’s conduct. Unseaworthiness focuses on the condition of the vessel itself. The owner’s awareness, intentions, and actions don’t factor in; the only question is whether the vessel was reasonably fit for its intended purpose.
Assumption of risk isn’t a defense: Under maritime law, vessel owners can’t argue that you assumed the risk of a dangerous condition by choosing to continue working aboard the vessel.
Who you can sue: If you file a Jones Act negligence claim, you’ll sue your employer. In an unseaworthiness claim, you sue the vessel owner. If the owner happens to be your employer, you can pursue an unseaworthiness claim and, at the same time, sue them for negligence under the Jones Act.

Recoverable Damages Under the Unseaworthiness Doctrine

If your unseaworthiness claim is successful, you are entitled to recover the full scope of your compensatory damages, including:

Lost past and future wages: The income you’ve lost from the time of your injury forward, and the income you’ll lose in the future if your injury limits your ability to work.
Diminished earning capacity: If your injury prevents you from returning to maritime work — or limits the type of work you can do in the future — you’re entitled to compensation for the difference between what you would have earned and what you’re now able to earn.
Past and future medical expenses not covered by maintenance and cure: Maintenance and cure only covers reasonable and necessary medical expenses until you reach maximum medical improvement. Unseaworthiness damages can fill that gap, covering any medical costs beyond what’s covered by cure, including any future expenses you’ll incur after your benefits end.
Pain and suffering: Compensation for the physical pain, emotional distress, anxiety, and mental anguish caused by your injury and its aftermath.
Disability and disfigurement: Permanent impairment or disfigurement resulting from your injury.
Loss of enjoyment of life: If your injury has permanently affected your ability to participate in activities you once enjoyed— recreational sports, hobbies, time with your family, or simply a life without chronic pain — you’re entitled to compensation for that loss.

As with Jones Act negligence claims, you can pursue both an unseaworthiness claim and maintenance and cure benefits at the same time. Maintenance and cure is intended to cover your immediate medical needs and daily living expenses, while the compensation from a successful unseaworthiness claim addresses the full scope of your losses—physical, financial and emotional.

If unsafe conditions caused a seaman to suffer a fatal injury or illness, surviving spouses and children are also entitled to file an unseaworthiness claim to recover damages related to their loved one’s wrongful death, including:

Funeral and burial expenses
Lost financial support, including past and future wages the deceased would have earned
Employment benefits and pension contributions that the family lost
Value of household services the deceased would have provided
Pre-death pain and suffering the seaman endured before dying
Loss of companionship, society, and parental guidance for surviving family members

Protecting Your Legal Rights After a Maritime Injury

While you don’t have to prove negligence to win an unseaworthiness claim, the strict legal duty imposed on vessel owners doesn’t necessarily mean these cases are open and shut. With verdicts and settlements potentially in the millions of dollars, you can expect the maritime company to mount a vigorous defense, even to the point of questioning your classification as a Jones Act seaman, downplaying your injuries, or arguing that you were somehow to blame.

That’s why it’s so important that you act quickly to preserve the powerful legal rights afforded to you under maritime law:

Report the Injury Immediately in Writing. Notify your captain or supervisor the same day you’re hurt, and make sure the incident and your resulting injuries are documented in the vessel’s log.
Seek Medical Attention: Getting checked out in the infirmary right away, regardless of how you actually feel, will create a record of your injuries, including any that might not be immediately apparent. Once you’re back onshore, schedule an immediate follow-up evaluation to get a clearer picture of your physical condition.
Document the Unsafe Condition. Vessel owners frequently argue that a brief or temporary unsafe condition doesn’t support an unseaworthiness claim. If you’re physically able, photograph the scene, including defective equipment, slippery surfaces, or other conditions that caused or contributed to your injury, before anything can be moved, repaired, or rectified. Also, get the names of anyone who witnessed the accident or the condition that led to it.
Don’t Speak to the Vessel Owner’s Insurance Adjuster: The adjuster is looking to save the insurance company money. If you talk to them or give a recorded statement, you could make a mistake that will hurt your case. And if you sign anything or accept a settlement before consulting an attorney, there’s a good chance you’ll waive valuable legal rights and ultimately walk away with far less than you’re actually owed.
Don’t Limit Your Medical Care: You aren’t obligated to see doctors chosen and paid by the vessel owner or its insurance company. Company-paid providers may have a financial incentive or feel pressured to minimize injuries, prematurely clear an injured seaman to return to duty, and generally prioritize corporate interests over a worker’s well-being. You have a right to see independent physicians, even if the company implies otherwise.
Keep Records: Save receipts from prescriptions, co-pays and other out-of-pocket costs related to your injuries, as well as records of your missed paychecks. We also advise keeping a daily journal to record the physical and emotional costs of your injuries.
Stick with Your Treatment Plan: Any missed appointments or failure to comply with your doctors’ recommendations will give the vessel owner and its insurance company an excuse to question the extent of your injuries.
Be Aware of the Statute of Limitations: Federal law requires that an injured maritime worker file an unseaworthiness claim within three years of the date of an injury, or 3 years from the date the harm was reasonably discovered. Wrongful death claims must be filed within 3 years of a seaman’s death.
Contact Our Experienced Maritime Lawyers: You can count on our award-winning team to fight aggressively for the maximum compensation you and your family deserve. We NEVER settle for less. If the vessel owner refuses to pay every dollar you’re entitled to, we won’t hesitate to take your unseaworth claim to trial, where every one of our attorneys remains undefeated.

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Our Undefeated Maritime Attorneys have successfully taken on some of the largest maritime companies in the world, and we’ve won billions for injured seamen and their families, including:

If you were hurt or lost a loved one due to a maritime accident or explosion, and you suspect unsafe conditions aboard a vessel were to blame, call (888) 603-3636, use the chat button on our homepage, or click here to send us a confidential message.

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Unseaworthiness Claims: A Maritime Worker’s Guide to Holding Vessel Owners Accountable