Seaman, Jones Act Negligence, Unseaworthiness, Land Injuries, Dock Injuries & The Like

Jones Act Seaman Attorney Straight Talk

Jones Act Attorney Straight Talk is a series of articles where we provide you an insiders view of Jones Act Law by a Jones Act Attorney. We lift up the hood, so to speak, to let you see how Jones Act injury cases really work. In other words we don't tell you what you want to hear. We tell you what you need to hear. Straight old fashioned unvarnished, unsweetened truth. In this article, we discuss unseaworthiness and dock injuries.

Seaman, Unseaworthiness & Dock Injuries

The warranty of seaworthiness is owed to all crew members of a vessel. To establish a claim of unseaworthiness you (read: the injured seaman) must prove that the vessel owner has failed to provide a vessel which is reasonably fit and safe for the purposes for which it is to be used. A vessel's condition of unseaworthiness might arise from any number of circumstances.

For instance, in addition to the physical condition of the vessel, the vessel may have an unfit crew. A vessel may also be unseaworthy because of an unsafe method of work. In addition, you (read: the plaintiff) must establish a causal connection between your injury and the breach of duty that rendered the vessel unseaworthy.

Either an owner or an operator of a vessel can be liable for breach of the warranty of seaworthiness Specifically, a bareboat or demise charterer takes full possession and control of the vessel, and can therefore be liable for unseaworthiness.

If your injury occurred on land, you can count on the Defendant vessel owner to argue that the warranty of seaworthiness does not apply because the accident happened on land and not on a vessel. Some courts have held that the warranty of seaworthiness extends to a seaman who is injured while unloading a vessel at dock. A vessel's condition of unseaworthiness might arise from any number of circumstances. For example, the method of loading her cargo, or the manner of its stowage, might be improper.

Under these circumstances, the vessel's unseaworthiness may have caused or contributed to causing your injury.

Compare Unseaworthiness To Jones Act Negligence

You should also understand that unseawothiness is different from Jones Act negligence. Your employer can also be negligent under the Jones Act if you are injured on the dock. In fact, under Jones Act negligence, your employer can be negligent if you are injured far from the vessel. We have won cases against the employer where the Jones Act Seaman was injured while riding in a truck on the 405 Freeway in Los Angeles and on Harbor Drive in San Diego.

Third Party Seaman Cases

Also, if your injury was caused by someone other than the vessel or your employer; then you may also have a viable third party case. For example, suppose you are in Port and get injured due to the negligence of a longshoreman. Or, if you are running an errand in the company truck for your employer and you get rear-ended while stopped at a traffic light. Under these circumstances you may have a third party case against the negligent party.

Disclaimer

This unseaworthiness article is not legal advice. I am simplistic in order to achieve clarity. Your Jones Act case, situation or circumstances probably differ from those described in this Jones Act Attorney Straight Talk article. Whenever you go to court asking for money your credibility is always at issue. Always tell the truth. Never fudge or exagerate your injuries.

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