What is Unseaworthiness?
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What is Unseaworthiness?
Under general maritime law, a vessel owner has an absolute duty to provide a seaworthy vessel to its crew members. The shipowner is responsible for a vessel’s unseaworthiness, whether the owner is the seaman’s employer or a third party, regardless…
Under general maritime law, a vessel owner has an absolute duty to provide a seaworthy vessel to its crew members. The shipowner is responsible for a vessel’s unseaworthiness, whether the owner is the seaman’s employer or a third party, regardless of whether the owner was negligent.
A vessel is unseaworthy if the vessel’s owner fails to provide a reasonably fit and safe ship- including her equipment and crew- for its intended use.
Unseaworthiness may arise from a variety of conditions, such as:
- Defective gear
- Cluttered deck
- Inadequate, understaffed, or ill-trained crew
- An unsafe work method or procedure
- Failure to provide adequate equipment for the assigned task
Burden of Proof
The seaman is required to prove that the unseaworthy condition of the vessel played a substantial role in causing the injury. They must also show that the damage was a direct result or a reasonably probable consequence of the vessel’s unseaworthiness.
If you have been injured as a result of a vessel that was unseaworthy, it is vital that you contact a Jones Act Lawyer. Our lawyers know to determine if the vessel was unseaworthy. Contact Cueria Law Firm, LLC today to speak to an experienced Jones Act Lawyer.
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Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.
Hotel Premises Liability Settlement
Automobile Accident Settlement
Tractor Trailer Injury
Jones Act Seaman Injured in Oil Spill
Jones Act Seaman Orthopedic Injury
Passenger in Truck Crash Trial
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The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.