Executive Summary: Most injured workers focus on “negligence”—proving their boss made a mistake. But maritime law offers a more powerful weapon: the Unseaworthiness Doctrine. This rule makes vessel owners strictly liable for unsafe conditions, regardless of fault. Understanding this can double the value of your claim.
When I review a new case, I don’t just look for negligence. I look for unseaworthiness. Why? Because while negligence requires proving the employer knew something was wrong, unseaworthiness often does not.
If you were injured on a vessel, you likely have two separate claims: a Jones Act negligence claim and an unseaworthy vessel claim. The latter is often the key to unlocking the maximum settlement value.
Strict Liability vs. Negligence: The “Automatic” Win
The Jones Act requires us to prove your employer did something wrong (negligence). The unseaworthiness doctrine is different. It is a form of strict liability.
Under maritime law, a vessel owner has an absolute, non-delegable duty to provide a ship that is reasonably fit for its intended purpose. This warranty extends to the hull, the equipment, and even the crew.
- Negligence (Jones Act): “The employer knew the winch was broken and didn’t fix it.”
- Unseaworthiness: “The winch broke.”
In the second example, we don’t need to prove the owner knew the winch was defective. The fact that it failed during normal use makes the vessel unseaworthy, and the owner is liable for your injuries. Period.
Common Examples of Unseaworthy Conditions
A vessel isn’t just “unseaworthy” if it’s sinking. In my practice, I have successfully argued that vessels were unseaworthy for much smaller, yet dangerous, reasons. If any of these caused your injury, you likely have a strong claim:
1. Defective Equipment
Rusted ladders, snapped lines, or winches without safety guards. If a piece of gear fails under normal use, the vessel is unseaworthy.
2. Slippery Decks (The “Transitory” Rule)
For decades, a temporary oil spill might not have been considered unseaworthiness. However, modern courts often rule that if a deck is slippery and unsafe for any period, the vessel was unfit at that moment.
3. Understaffing and Incompetent Crew
This is the most overlooked category. A vessel is unseaworthy if it is:
- Understaffed: If you were ordered to lift a heavy object alone because no one else was available, the vessel was “unseaworthy” due to lack of manpower.
- Incompetent Crew: If a coworker injures you because they were untrained or dangerously violent, the vessel owner is liable for providing an unfit crew member.
Why This Increases Your Settlement
Insurance companies hate unseaworthiness claims because they are harder to defend against. In a negligence case, they can argue, “We did our best to maintain the ship!” In an unseaworthiness case, “doing their best” is not a defense. The ship was either safe, or it wasn’t.
By adding an unseaworthiness claim to your lawsuit, we remove many of the defenses the company plans to use. This pressure often forces them to offer a higher settlement to avoid a trial they know they will lose.
Disclaimer: This article provides legal information, not legal advice. Every maritime injury case is unique. Contact our office to discuss your specific unseaworthiness claim.