In maritime injury cases, the unseaworthiness doctrine requires that a shipowner provides a seaworthy ship. They are not supposed to provide one that is unsafe or defective. The way this is defined is that the shipowner has an absolute duty that they owed to any seaman assigned to the vessel. It is the absolute duty
It is the absolute duty of the shipowner to have safe facilities, property safety equipment on hand, a competent crew, a safe hall on the provider, and to provide adequate training and instruction of the seaman and the crew that they work with. There are lots of ways that the ship owner is supposed to keep and provide a seaworthy vessel. If they fall short on any of that, it will allow the injured to bring an unseaworthiness claim.
To understand how the unseaworthiness doctrine may be relevant in your Charleston maritime injury case, be sure to consult with an attorney as soon as possible. An experienced admiralty and maritime injury lawyer in Charleston can build a case to help produce a positive outcome on your behalf.
Some common examples of unseaworthiness in Charleston maritime injury cases would be not having the proper safety equipment, like a light boat, goggles, or tools in performing repair work or maintenance of the boat while the seaman is operating the vessel.
Having a vessel with an adequate hole that makes it unsafe, failing to provide the proper training or instruction to the worker or crew members, retaining someone that is known to not have the proper ability to do the job they were hired to do, or retaining somebody that has a history of creating dangerous environments or dangerous conditions in the vessel can all be cause for unseaworthiness.
There are many ways that negligence can occur in unseaworthiness claims. Some examples include:
- Sending one worker to go and do a job that really should require two or more workers to do it
- Having the wrong safety equipment or no safety equipment at all
- Having unsafe conditions in which someone could trip and fall when walking down the steps
- Inadequate railings
- Anything that a normal ordinary prudent person would do to keep something safe or to not create a condition that makes it unsafe
In the instances where the vessel owner and/or the employer falls short, it would give rise to a cause of action under maritime law.
Contacting an Attorney
Anytime there has been an accident or injury, the injured person or injured worker should contact a maritime attorney to talk about how to rise above the challenges that occur and file these maritime cases. They should also contact a lawyer to help combat the insurance company who tries to minimize the benefits that are paid or to try to assist in a situation which they have tried to deny one part or all of the case.
An attorney can help an individual get medical treatment, access to medical experts, and a proper recovery from their injury. For an individual to try to handle the claim without having an experienced attorney on their side is really tantamount to try to perform surgery on oneself without having the proper medical training. It is not a good idea.
There are many reasons why a person would want to get an experienced maritime lawyer involved in their case as soon as possible. An experienced attorney can help an individual enact the unseaworthiness doctrine in their Charleston maritime injury case.