Unseaworthy Claims

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Unseaworthy Vessel Injury Lawyers in New Orleans – Lambert Zainey

Maritime law puts a very important, basic duty on vessel owners: they must provide a seaworthy vessel. This means the ship, all its equipment, and even the crew must be reasonably fit and safe for the job it’s supposed to do. If the owner fails in this duty, and an unsafe (unseaworthy) condition causes an injury, injured seamen have the right to get compensation through an unseaworthiness claim.

Understanding and proving that a vessel was unseaworthy is different from proving regular carelessness (negligence). It takes specific legal knowledge. At Lambert Zainey, our New Orleans maritime lawyers have handled these unseaworthiness claims for injured seamen for decades. We know how to investigate vessel problems, find proof that the seaworthiness duty was broken, and fight for the full amount of money our clients deserve.

Hurt Because Your Vessel Was Unsafe? Let Us Check Your Claim.

On This Page

What Does “Unseaworthiness” Mean in Maritime Law?

The idea of “unseaworthiness” is a basic rule in maritime law made to protect seamen working on vessels. It simply means the vessel owner must make sure their vessel is reasonably fit and safe for its trip and the work it needs to do. This duty covers:

  • The ship’s body (hull) and overall structure.
  • All equipment on board (like winches, ropes, ladders, safety gear, engines).
  • The crew members – making sure they are skilled enough and there are enough of them.
  • The way work is done on the vessel (procedures).

This duty is absolute (the owner has it no matter what) and non-delegable (they can’t blame someone else they hired to maintain things). If an unsafe, unseaworthy condition exists and hurts someone, the vessel owner is responsible.

The Vessel Owner’s Strict Duty (They Can’t Pass the Buck)

What does “absolute and non-delegable” really mean?

  • Absolute: The owner has this duty even if they weren’t careless in the usual sense. It’s about the condition being unsafe, not just about whether the owner knew about it.
  • Non-Delegable: The owner can’t just hire a repair company and say, “It’s their fault the equipment failed.” The final responsibility for providing a safe vessel stays with the owner.

This duty means the vessel must be reasonably safe for seamen doing their jobs. It doesn’t have to be perfectly accident-proof, but it needs the right gear, enough competent crew, and safe work methods.

Who Can Make an Unseaworthiness Claim?

The duty to provide a seaworthy vessel is mainly owed to seamen (crew members) working on the vessel. Figuring out if you count as a seaman involves a legal test based on your connection to a working vessel.

Learn more about Seaman Status.

Other workers, like longshoremen hurt on a vessel because of its condition, might sometimes sue the vessel owner for negligence under a different law (LHWCA Section 905(b)). But the main unseaworthiness claim is a powerful tool specifically for seamen.

See our LHWCA page for details.

Examples of Unsafe (Unseaworthy) Conditions

Many different problems can make a vessel unseaworthy. Here are common examples:

Bad or Wrong Equipment (Appurtenances)

  • Ropes or lines that are worn out, frayed, or the wrong size/strength.
  • Winches, cranes, or hoists that don’t work right or break down.
  • Safety guards missing or broken on machines.
  • Decks that are slippery from oil, grease, ice, or aren’t kept clean.
  • Ladders or gangways that are broken, unstable, or poorly maintained.
  • Not enough lighting in work areas or walkways.
  • Missing safety gear that’s needed (like safety harnesses, life vests).
  • Tools provided for the job that are broken or unsafe.

Not Enough Crew or Untrained Crew

  • Too few crew members assigned to do a job safely (undermanning).
  • Crew members who aren’t properly trained or qualified for their tasks.
  • Having crew members known to be dangerous or reckless.
  • Crew being forced to work when dangerously tired (fatigue).
  • Not enough supervision for the work being done.

Unsafe Ways of Working

  • Storing cargo or equipment poorly, creating trip hazards or falling dangers.
  • Not using required safety steps for dangerous jobs (like entering tanks or doing welding).
  • The vessel’s layout itself being dangerous (creating pinch points or trip hazards).
  • Making seamen work in weather conditions that are clearly too dangerous for the task.

How Liability Works: It’s About the Condition (Strict Liability)

A key thing about unseaworthiness is that it uses “strict liability.” This means:

  • Focus is on the Unsafe Condition: Negligence cases focus on someone’s careless actions. Unseaworthiness focuses on the unsafe condition of the boat or its parts.
  • You Don’t Have to Prove the Owner Was Careless: Usually, you don’t need to show the owner knew the condition was unsafe. Just showing the unsafe (unseaworthy) condition existed and caused your injury can be enough to hold the owner responsible.
  • You Still Need to Show It Caused Your Injury: You must prove the unseaworthy condition was a major factor in causing your injury.

Because you don’t always have to prove the owner knew about the problem, it can sometimes be easier to win an unseaworthiness case than a pure negligence case, as long as an unsafe condition existed and caused harm.

Unseaworthiness vs. Jones Act Negligence: What’s the Difference?

Injured seamen often file claims under both the Jones Act and Unseaworthiness because they cover different things:

Question

Unseaworthiness Claim

Jones Act Claim

What’s Wrong?

Unsafe Condition (Boat, Gear, Crew)

Careless Action (By Boss or Coworker)

Who Owes Duty?

Vessel Owner

Employer (Often same as owner, but not always)

Is Fault Needed?

No (Strict Liability for unsafe condition)

Yes (Need to show carelessness/negligence)

Who Can Be Sued?

Vessel Owner

Employer

What’s Required?

Vessel must be “reasonably fit/safe”

Employer must be “reasonably careful”

For details on negligence, see our Jones Act page.

Even if you can’t prove your employer was negligent for a Jones Act claim, you might still win money if an unsafe, unseaworthy condition caused your injury. Our lawyers look at both possibilities.

What Money Can You Recover?

If you win an unseaworthiness claim, the money you can get (“damages”) is usually the same as under the Jones Act. The goal is to cover all your losses:

  • Past and future medical bills
  • Past and future lost wages (including loss of ability to earn in the future)
  • Pain and suffering (physical and emotional)
  • Disfigurement (scarring)
  • Loss of enjoyment of life
  • Other costs directly caused by the injury

Because you don’t always have to prove the owner knew about the problem, it can sometimes be easier to win an unseaworthiness case than a pure negligence case, as long as an unsafe condition existed and caused harm.

Note: Unseaworthiness claims are separate from Maintenance and Cure.

Why Choose Lambert Zainey for Your Unseaworthiness Claim?

Winning an unseaworthiness case takes knowing how boats should run, what makes them unsafe, and understanding complex maritime law. Lambert Zainey offers:

  • Years of Maritime Law Experience: We’ve handled countless unseaworthiness cases involving all sorts of unsafe vessel conditions.
  • Knowledge of Safety Rules: We know the safety standards and practices expected in the maritime industry.
  • Ready for Trial: We aren’t afraid to take cases to court if the vessel owner won’t offer a fair settlement.
  • New Orleans Focused: We know the local maritime scene and the federal courts here in Louisiana.
  • Strong Investigative Skills: We work with marine safety experts, engineers, and former mariners to investigate what made the vessel unsafe and prove it.

Because you don’t always have to prove the owner knew about the problem, it can sometimes be easier to win an unseaworthiness case than a pure negligence case, as long as an unsafe condition existed and caused harm.

Common Questions About Unseaworthiness

Unseaworthiness is about an unsafe condition of the vessel (owner is liable even if they didn’t know). Jones Act is about careless actions by the employer or crew (need to prove negligence). You can often sue for both.

Yes. Even temporary hazards like oil slicks, loose lines, or obstacles can make a vessel unseaworthy if they make the work area unsafe.

Usually no. Unseaworthiness applies to “vessels.” Fixed platforms generally aren’t considered vessels. Injuries there are typically handled under OCSLA (using state law or LHWCA)

Like the Jones Act, your potential money recovery might be reduced based on your percentage of fault. But being partly at fault doesn’t block your claim entirely if an unseaworthy condition also helped cause the injury.

Usually, you have three years from the date you were injured to file a lawsuit. Don’t wait!

Contact Our New Orleans Maritime Attorneys About Unseaworthiness Claims

If you think an unsafe condition on your vessel caused your injury, don’t just assume it was bad luck. You might have a strong claim for unseaworthiness. Let the experienced maritime lawyers at Lambert Zainey investigate what happened and fight for your rights.

We offer a free, private consultation to look at your case and explain your options.

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