A Guide to Seamen’s Actions for Injuries Due to Unseaworthiness
How to Recover Damages for Personal Injury Due to a Ship’s Unseaworthiness
A cause of action for unseaworthiness is one of the principal legal claims available to a seaman who sustains a personal injury during his employment. The other two legal remedies are actions for maintenance and cure and negligence under the Jones Act.
In the past century, the doctrine of unseaworthiness has expanded, emerging as a powerful and widely used theory of liability for injured seamen.
The reason that unseaworthiness is an effective vehicle for recovery by plaintiff seamen for employment-related injuries is simple: the rule makes the shipowner liable for failure to supply a safe ship regardless of fault or the intervening negligence of crew members.
Indeed, a vessel owner may still have to pay damages for a seaman’s injuries despite exercising due diligence in providing adequate appliances, equipment, or crew. Or although the vessel’s officers acted negligently, contributing to the unseaworthiness.
This article discusses how to recover damages through trial or a personal injury settlement when a vessel’s unseaworthy condition causes harm.
Keep reading to learn more.
And call us at (804) 251-1620 or (757) 810-5614 or complete our online form if you have questions about your right to benefits or compensation under admiralty and maritime injury law.
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What is the Doctrine of Unseaworthiness?
American admiralty law recognizes the doctrine of unseaworthiness.
This rule states that a vessel owner must provide and maintain a seaworthy vessel (including its parts and equipment) for the ship’s crew.
If a vessel’s unseaworthiness injures a seaman, the vessel’s owner must indemnify (repay/make whole) the injured seaman.
Unseaworthiness Defined
A seaworthy ship is one reasonably fit for its intended use.
Generally this means the vessel is –
- Constructed to withstand the perils of an ordinary voyage
- Equipped with gear, tools, and parts that are correctly maintained and not defective
- Operated by an adequate number of crew members trained to perform the assigned tasks
- Staffed with competent crew members
A ship, therefore, is unseaworthy if it is not in a fit condition to complete a typical sea voyage.
What Elements Do I Have to Prove to Win an Unseaworthiness Claim?
To establish a claim for unseaworthiness, you must prove the following elements:
- You were a seaman when you were hurt. The warranty of seaworthiness, therefore, extended to you and your job duties.
- You suffered an injury.
- Your injury resulted from a piece of the ship’s equipment, an appurtenant appliance, the lack of needed gear, or a crew member’s act.
- The object that caused your injury was not reasonably fit for its intended use. Or the lack of a competent or sufficient crew caused you harm.
Now we will examine the prongs of the unseaworthiness claim test that spawn the most litigation.
Who Can Bring an Unseaworthiness Claim?
An injured seaman can file a lawsuit (a complaint) seeking damages for injuries caused by a ship’s unseaworthiness.
Can Nonseamen Bring Unseaworthiness Actions?
No.
Generally the doctrine of unseaworthiness extends to members of the ship’s crew but not further.
Indeed, the Longshore and Harbor Workers Compensation Act (LHWCA), 33 U.S.C. Section 905(b), bars employees covered by the LHWCA from suing for injury based on the warranty of seaworthiness or a breach of that duty. Therefore, dockworkers, longshore workers, and stevedores generally cannot recover damages in an unseaworthiness claim.
As such, the rule is that the unseaworthiness doctrine only applies in seamen’s cases alleging personal injury.
Who is the Proper Defendant in an Unseaworthiness Claim?
In unseaworthiness lawsuits, you sue the owner or operator of the ship. Indeed, a vessel owner cannot delegate the duty to provide and maintain a seaworthy vessel. The blame stops with the owner.
This procedure differs from maintenance and cure claims and Jones Act actions, where the seaman’s employer is the proper defendant.
Indeed, you will only sue your employer for injury due to an unseaworthy condition if your employer operated, owned, or charted the vessel.
The Shipowner’s Duty of Care: Does Negligence (Fault) Matter in Personal Injury Unseaworthiness Claims?
No.
An injured seaman does not have to prove that a shipowner’s negligence caused the seaman’s injury to win a claim based on unseaworthiness. He only needs to show that some condition of the vessel made it unseaworthy and caused harm.
Indeed, this tort law claim is wholly distinct from liability based on negligence. And how the dangerous condition came into being is irrelevant to the owner’s liability for personal injuries resulting from the situation.
The shipowner’s duty to provide a seaworthy vessel is absolute. “It is essentially a species of liability without fault, analogous to other well-known instances in our law. Derived from and shaped to meet the hazards which performing the service imposes, the liability is neither limited by conceptions of negligence nor contractual.”
In other words, a personal injury unseaworthiness claim relies on a theory of strict liability.
The shipowner’s knowledge (actual or constructive) of an unseaworthy condition is not essential to its liability.
Indeed, evidence that the shipowner acted with due diligence to provide a safe vessel does not relieve the shipowner from their obligation under the doctrine of unseaworthiness.
Is a Ship Necessarily Unseaworthy if a Seaman Gets Hurt On Board?
No.
A vessel owner does not have to furnish an accident-free ship.
Nor is the owner required to have the best equipment, parts, or crew. The doctrine of unseaworthiness requires only that a vessel owner have equipment and crew members reasonably suitable for their intended use and operation.
What Conditions Make a Vessel Unseaworthy?
Many conditions can make a vessel unseaworthy as a matter of law.
Indeed, you can prove an unseaworthiness claim even if the defect was temporary, such as unexpected equipment failure.
Examples of conditions that may be sufficient to win an unseaworthiness action include the following:
- A lack of the proper tools to complete each task
- A mechanical problem with the vessel
- A violent crew member (similar to a negligent hiring cause of action)
- An inadequate number of crew members
- An inexperienced shipmaster (captain) whose acts cause a collision
- An insufficiently trained crew that does not have the expertise to complete an assigned task
- Asbestos (which can result in mesothelioma)
- Defective equipment, such as a ladder missing rungs
- Defective tools
- Failure to provide a doctor on board
- Failure to provide proper equipment, such as life preservers, flotation devices, or protective gear
- Improperly stored cargo
- Inadequate railings
- Inadequate vessel maintenance that causes problems with the engine, hull, or deck
- Leaking hatches that allow water in
- Missing handrails
- Slippery decks or walkways
- Spoiled (contaminated) drinking water
- Spoiled food
- Trip hazards, such as debris on the deck
- Unprotected floor openings
- Unreasonable work schedules (with not enough rest)
What Damages are Available in Unseaworthiness Actions?
Winning an unseaworthiness doctrine claim allows you to recover damages traditionally available in personal injury actions such as car accident lawsuits.
You may, therefore, receive a judgment to compensate you for the following items:
- Past medical bills
- Lost wages
- Loss of earning capacity
- Diminished quality of life
- And more
Can a Seaman Recover Punitive Damages as Part of an Unseaworthiness Claim?
No.
In The Dutra Group v. Batterton, 139 S.Ct. 2275 (2019), the U.S. Supreme Court held that punitive damages are not an available remedy for an unseaworthiness claim.
Does a Seaman’s Negligence Reduce the Damages Payable in an Unseaworthiness Claim?
Yes.
A seaman must use the care that a reasonably prudent person would use under similar circumstances.
Suppose the defendant vessel owner proves that the seaman’s negligence contributed to the seaman’s injury or damage. In that case, the judge or jury must determine the extent to which the seaman’s negligence caused the injury – assigning a percentage to the blame.
Then the court will reduce the damages awarded by the percentage of negligence assigned to the seaman.
This concept is known as comparative negligence.
The comparative negligence doctrine is more favorable than the contributory negligence rule adopted in a handful of states (including Virginia). Under contributory negligence, a plaintiff cannot recover if their negligence contributed to the injury – even one iota.
Further, as a matter of law, an injured seaman cannot be comparatively negligent if his injury resulted from –
- The defendant’s violation of Coast Guard regulations,
- A supervisor’s request or order to work near a dangerous area or condition, or
- A supervisor’s urgent call to the crew for help
Statute of Limitations: How Long Do I Have to File an Unseaworthiness Claim?
You must bring a civil action for damages for personal injury arising from unseaworthiness within three years of the injury.
Can an Injured Seaman Bring Jones Act and Unseaworthiness Claims Together?
Yes.
Causes of action for unseaworthiness and Jones Act negligence are not identical.
For example, a claim for unseaworthiness relates to the ship’s structure and equipment, furnishings, and staffing adequacy. In contrast, a claim for Jones Act negligence relates to the direction and control of operations on the vessel.
Significant overlap, however, exists between personal injury claims under the unseaworthiness doctrine and the Jones Act. Indeed, the courts have described unseaworthiness and Jones Act negligence as “alternative ‘grounds’ of recovery for a single cause of action.”
Due to this similarity, the United States Supreme Court initially held that a seaman could not submit both causes of action to a jury.
But the requirement that a plaintiff chooses just one claim to pursue no longer exists.
A plaintiff seaman, however, cannot receive a double recovery by collecting full compensatory damages on both claims. The rationale for this rule is, “whether or not the seaman’s injuries were occasioned by the unseaworthiness of the vessel or by the negligence of the master or members of the crew … there is but a single wrongful invasion of his primary right of bodily safety and but a single wrong.”
An Unseaworthiness Claim Lawyer to Help You Maximize Your Damages Award
If you are a seaman injured by a condition of your ship or its equipment, you may be entitled to compensation under the doctrine of unseaworthiness.
In addition, you may have claims for maintenance and cure, unearned wages, and negligence under the Jones Act.
Contact us today to evaluate your rights under admiralty and maritime injury law.
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