What is third-party liability in a maritime injury case?
Third-party liability in a maritime injury case refers to a legal action taken by a plaintiff (the injured party) against someone other than their employer for creating or increasing the risk of harm during a maritime activity. Generally, this involves a third party that had a role in the accident, which resulted in the injury. For example, a party responsible for providing defective equipment, which caused the injury, could be held liable. Additionally, a third party can include a vessel owner, a fellow crewmember, a harbor master, or any other person who played a role in the incident resulting in the injury. In Washington, Jones Act claims are commonly used to pursue third-party liability in maritime injury cases. This legal avenue, along with general maritime law, allows an injured party to pursue a claim against an at-fault third party. Generally, the third party must have acted recklessly to be held liable under these laws. For example, if a shipping vessel is negligently overloaded, the owner of the vessel could be held liable for any injuries sustained at sea that are related to the overloading. In a maritime injury case, it is important to understand the concept of third-party liability in order to maximise the chances of obtaining the compensation an injured party deserves. Since the maritime industry is constantly changing, understanding the nuances of Washington’s maritime laws, including third-party liability, is essential for any injured party who is looking to pursue a claim.
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