Unseaworthy Claims

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Unseaworthy Vessel Injury Lawyers in Louisiana — Lambert Zainey Smith and Soso

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.

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Quick Facts

An unseaworthiness claim holds the vessel owner responsible for an unsafe condition on their vessel , regardless of whether they knew the condition existed. This is called strict liability and it is one of the most powerful legal protections available to injured seamen.
The vessel owner’s duty to provide a seaworthy vessel is absolute and cannot be delegated. Even if a maintenance contractor or equipment company created the unsafe condition, the vessel owner remains legally responsible.
Seamen can and should pursue both an unseaworthiness claim and a Jones Act negligence claim simultaneously. They cover different legal theories and together provide the most comprehensive recovery available.
Defective safety equipment, worn or frayed lines, slippery decks, inadequate crew training, and unsafe work procedures can all make a vessel legally unseaworthy.
You have three years from the date of your injury to file an unseaworthiness claim. Do not wait. Evidence of the vessel’s condition disappears quickly.

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.

New Orleans Unseaworthiness Claim Lawyer

The Vessel Owner’s Absolute Duty — And Why They Cannot Escape It

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 Vessel Conditions That Support an Unseaworthiness Claim

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

Defective or Inadequate Equipment

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.

For a full explanation of how defective equipment creates maritime liability, see our post on maritime injuries caused by defective products or equipment.

Inadequate or Unqualified 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 Work Procedures and Practices

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.
Storing cargo or equipment poorly, creating trip hazards or falling dangers.

How Strict Liability Works in Unseaworthiness Claims

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

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.
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 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.

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Over $1 Billion Recovered for Maritime Accident Victims

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Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

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 Compensation 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

Note: Unseaworthiness claims are separate from Maintenance and Cure

Proving negligence is key to your claim. Ensure you don’t make critical errors early on. Download our free guide on the 5 Costly Mistakes to Avoid.

Why Injured Seamen Trust Lambert Zainey with Unseaworthiness Claims

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

Nearly 50 years handling unseaworthiness claims for injured seamen across the Gulf Coast. Learn more about our maritime attorneys.
Marine safety experts and engineers: we work with vessel condition specialists to document what made the vessel unseaworthy and how it caused the injury.
Simultaneous pursuit of all three claims: Jones Act negligence, unseaworthiness, and maintenance and cure, all pursued together to maximize recovery.
Over $1 billion recovered for injured maritime workers and their families
No fees unless we recover for you

Nearly 50 years representing injured maritime workers. We understand the laws that govern maritime employers and employees.

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What to Do If You Were Injured on an Unsafe Vessel

Step 1: Document the unsafe condition immediately.

If it is safe to do so, photograph the defective equipment, slippery surface, broken ladder, or other unsafe condition before it is repaired or cleaned up. Vessel owners and their insurers move quickly to correct conditions after an accident — and once the condition is fixed, proving it existed becomes significantly harder.

Step 2: Report the injury in writing.

Report the incident to the vessel’s captain or your employer as soon as possible. Keep a copy of any written incident report.

Step 3: Seek medical treatment and document your injuries.

Get medical care immediately and ensure every treating physician documents how the injury occurred and what unsafe condition caused it.

Step 4: Do not give statements to the vessel owner’s representatives.

Do not speak with the vessel owner’s insurance adjusters or legal representatives before consulting a maritime attorney.

Step 5: Contact Lambert Zainey.

Unseaworthiness cases require immediate investigation before vessel conditions are repaired and records are altered. Contact us for a free, confidential consultation.

Common Questions About Unseaworthiness

Working on an unsafe vessel can lead to serious injuries. This section answers important questions to help you understand unseaworthiness and what you can do to protect your claim.

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!

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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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800-521-1750
(504) 581-1750
701 Magazine St., New Orleans, LA 70130
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