Unseaworthiness

Unseaworthiness is defined under the Jones Act, 46 USCS Appx § 688, the court held that the ship owner's negligent failure to comply with the absolute duty to furnish a seaworthy vessel reasonably fit for the intended voyage was the negligent failure that proximately caused an injury to the seaman. This absolute duty on the part of the ship owner leaves no wiggle room for ship owners or the owners of offshore oil rigs and production platforms. The employer must provide a safe “seaworthy” place of work and the failure to provide such makes the employer liable or responsible for injuries sustained by workers.

Unseaworthiness is a legal term that refers to an unsafe condition of a “vessel.” It is the duty of the owner of the “vessel” to provide a safe place to work and violations of that duty can give rise to a claim or lawsuit by a worker who is injured due to the unseaworthiness of the vessel. The word “vessel” is in quotations because the definition is not limited to a ship or boat. There is a broad legal definition of “vessel” that includes offshore oil rigs and production platforms, barges with no motors or sleeping quarters, helicopters, moored casino boats, company transportation on land, hotels where offshore workers may be housed by the company and many other far reaching and difficult to understand extensions of the word “vessel.”

Unseaworthiness usually relates to conditions that could have been avoided by the company such as improper design, construction, inspection and maintenance of the condition. Worn anti-slip surfaces or surfaces that were never made “slip proof” are common causes of injuries to seamen and offshore workers. Many lifting injuries are actually the fault of slippery or cluttered decks. Sure, you cannot continuously keep everything dry and clean but there is a high burden on the owner to keep the vessel safe for the workers.

Maritime workers must either prove unseaworthiness or slight negligence on the part of the owner of the vessel in order to receive a settlement or judgment for their injuries over and above statutory maintenance and cure.

You may be surprised at how many times a good maritime lawyer can show unseaworthiness for conditions that you yourself would not blame on your employer. It is not whether you would put the blame or responsibility on your employer; it is whether or not the law assigns blame to your employer. If blame is assigned to your employer under the doctrine of unseaworthiness then the law deems that they bear the financial responsibility for the accident and resulting injury. Remember, Jones Act Law is interpreted by the courts in such a way as to be overly protective of seamen who have traditionally been treated unfairly by ship owners over the centuries.

A few examples of unseaworthiness are shown below that include improperly designed, constructed or maintained:

• Structure of the vessel including safe materials for the construction of the vessel. Use of asbestos and the failure to remove asbestos is a good example of unseaworthiness.
• Poor design of a vessel can lead to instability in high seas or dangerous conditions, which cause injuries to workers.
• Lack of elevators and proper lifting equipment necessary to lift workers from crew boats or other transportation vessels onto ships or offshore oil rigs and production platforms.
• Lack of proper scaffolding, safety lines and other reasonable safety equipment.
• Decks including slippery decks and stairways.
• Worn out Ropes and lines.
• Bunk compartments, including lack of head room, ladders to bunks, sleeping compartments and associated bedding.
• Galleys, cooking facilities, equipment and accessories.
• Proper food preparation and adequate provisions for workers.
• Hoists, pulleys, cranes, winches and other equipment.
• Hatches, doors, portholes and windows.
• All mechanized equipment whether or not related to ordinary ship functions.
• Medical treatment rooms, including supplies and equipment.

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