How does the ‘unseaworthiness’ of a vessel affect my claim?
When a person has an injury as a result of a maritime activity, they may be able to receive compensation for their injuries if they can prove that the vessel they were on was “unseaworthy” or not fit for the voyage that it was taking. Unseaworthiness is a legal term used in maritime law that generally refers to the idea that a ship or vessel was not fit for the voyage it was taking. In order for a person to be successful in receiving compensation for their injuries due to an unseaworthy vessel, they must prove that the vessel was not fit for the voyage it was taking. This includes things such as the vessel not being well-maintained, it having faulty equipment, or being overloaded. This claim can be made by a seaman as part of a Jones Act claim or by a passenger as part of an admiralty claim. In order to prove that the vessel was unseaworthy, the claimant must be able to show that the vessel had a condition that made it unsafe for the voyage it was taking. This could include showing that the vessel had a problem with its engine, that it was overcrowded, or that it was not maintained properly. An experienced maritime attorney will be able to advise the claimant on the best way to prove that the vessel was unseaworthy. In the state of Pennsylvania, an injured maritime worker or passenger can pursue damages for their injuries as a result of an unseaworthy vessel. They will need to provide evidence that the vessel was not fit for the voyage it was taking, and that their injuries were a result of the vessel being unseaworthy. An experienced maritime lawyer will be able to help guide the claimant through the process of filing a claim for their injuries.
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