Notice Requirements

Seldom, if ever, do safety notice requirements prevent an injured seaman from recovering in a Jones Act case. This article deals with a defense that ship owners and corporation use to try to avoid paying Jones Act claims. They will claim that they had no “actual or constructive notice” of the defect that caused the injury. For example, liability for an injury resulting from a slip and fall on a wet substance on a floor or deck, is determined based on the length of time the substance was there and whether or not the crew had time to notice it and clean it up. Another example is a crewmember slipping on the deck of a vessel that is wet with ocean spray because the non-skid surface needed to be replaced. The liability in this case would depend on the amount of wear on the non-skid surface or tape and whether it is substantial enough to indicate that the vessel owner had at least constructive notice of the defect. This can also be determined if the vessel had ordered the new surface or new tape or if based on past records, it was time to resurface the non-skid.

Vessel owners owe an absolute duty to provide a safe vessel to seaman and other individuals performing duties on the vessel. This includes providing safe board and debarking to the vessel and providing safe equipment to use on the vessel. The doctrines of unseaworthiness, the Jones Act statute, the existence of General Maritime claims and 905(b) claims under the Longshore Act confirm this duty regardless of notice requirements.

Vessel owners, including offshore oil rig owners, have a high duty to provide a safe place to work. Under the Jones Act, workers only have to prove the slightest negligence or unseaworthiness in order to make a claim and prevail. A few examples of slight negligence would be a poorly designed, constructed or maintained stairway or kitchen, failing to assign more than one worker to a job, failing to keep decks safe and unslippery and failing to design bunks to make it safe to climb into and out of the bunk. A Jones Act worker should assume that liability or unseaworthiness exists until an experienced maritime lawyer tells you otherwise.

From our experience, we’ve never seen a Jones Act claim where slight negligence or unseaworthiness didn’t exist. How can this be? It is this way because the Jones Act considers seamen as “wards” of the court and protects them beyond any standard that you can imagine. For centuries seamen have been at the mercy of the sea, the captain and the ship owner. The job is inherently dangerous but the benefits to society are enormous. The federal government protects seamen and extends extra rights to them, which leads to almost all maritime injuries being accepted. However, no ship owner, offshore drilling company or business owner wants to throw money at his/her workers and they will go to great lengths to avoid paying claims. It is the job of the maritime attorney to protect you and push your claim through the system, fighting employers and large corporations to get you what you and your family truly deserve.

Let us discuss other issues involving your employer’s duties and responsibilities involving safety and keeping you safe. There are hundreds of cases involving the duties of your employer, which can give you a good basis on which to make your claim, regardless of what you may believe. Do not try to determine if you have a good claim or the value of your claim without speaking to a lawyer.

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No matter where you live, the lawyers and attorneys at the Ogletree Abbott Law Firm can help you get the help you need. If you would like, a lawyer or an attorney can contact you to answer your questions. There is no obligation and the initial phone call is always free of charge. Call toll free 1 800 Jones Act (1-800-566-3722), or send us an email. If you’re not sure about notice requirements call today and speak to a knowledgeable attorney.