How does the ‘unseaworthiness’ of a vessel affect my claim?

In maritime injury law in Florida, the concept of ‘unseaworthiness’ is an important part of a maritime worker’s injury claim. Generally, it’s a certain standard of upkeep that the vessel is expected to meet. If the vessel is deemed unseaworthy, then the vessel’s owners and operators can be held liable for any injuries that occur from unsafe equipment, hazardous conditions, or other defects. The degree of unseaworthiness can determine the extent of a claim. For example, a minor defect that is easily corrected may not be considered as egregious as a major defect that puts crew in danger. If a worker is injured while on board an unseaworthy vessel, they may be able to prove that the vessel’s lack of proper upkeep was to blame for the injury. In order to prove unseaworthiness, the injured worker must provide evidence that: (1) the vessel was not reasonably fit for the purpose intended; (2) the operator of the vessel knew, or should have known, of the vessel’s deficiency; and (3) the deficiency was the proximate cause of the injury. This can include testimony from crew members as well as expert opinions from those familiar with the type of vessel. It is important to remember that unseaworthiness claims can be complex and require a great deal of evidence. Working with an experienced maritime attorney can help injured workers navigate the complexities of seeking compensation for injuries caused by an unseaworthy vessel.

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How does the ‘unseaworthiness’ of a vessel affect my claim?

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