What is ‘Unseaworthiness’ and how does it affect my maritime injury claim?

Unseaworthiness is a legal term used to describe a situation in which vessels and their appurtenances fail to meet the safety and working standards necessary for their purpose. In Pennsylvania, an injured worker may be able to sue a vessel owner or a vessel operator for unseaworthiness if the vessel is found to be unsafe, unreasonably dangerous, or inadequate for its intended purpose. This includes not only the physical structure of the vessel, but the crew and their experience, the supplies and provisions, and the seaworthiness of the vessel itself. In the context of a maritime injury claim, an injured worker may be able to recover damages if they can prove that the vessel was "unseaworthy" and that the unseaworthiness caused or contributed to the injury. An injured worker does not need to prove that the vessel owner or operator was negligent, or at fault, in order to succeed in an unseaworthiness claim. This is a significant benefit for injured workers, as it means that even if the vessel owner or operator was not necessarily at fault, the injured worker may still be able to receive compensation for their injuries. In order to prove an unseaworthiness claim, the injured worker must provide evidence that the vessel’s condition, or that of its equipment, crew, or supplies, was such that it rendered the vessel unsafe or unreasonably dangerous for its purpose. This includes things like a lack of competent crew, failure to properly maintain the vessel, inadequate supplies to keep the vessel afloat, or improper use of safety equipment. If the unseaworthiness of the vessel or its appurtenances is shown to be the cause or contributing factor of the injury, the injured worker may be able to recover damages.

What is ‘Unseaworthiness’ and how does it affect my maritime injury claim?

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