Under the Jones Act (46 USCS Appx § 688) the owner of every commercial ship or facility has a duty to ensure the seaworthiness of the vessel. A seaworthy vessel is one that is fit for the normal perils of the sea, including its equipment and safety gear.
Unfortunately, some owners put their vessels to sea while unseaworthy. A ship is considered unseaworthy if at the commencement of the voyage, a defect exists that a prudent owner would repair before sending the ship to sea. Under maritime law, the lack of equipment adequate to perform an assigned task can constitute an unseaworthy condition (Johnson v. Offshore Express, Inc., 845 F.2d 1347, 1355 [5th Cir.], cert. denied, 488 U.S. 968 [1988]). And when a seaman is injured or killed as the result of a ship’s lack of appropriate equipment, grounds for a claim of negligence on the part of the ship’s owner and/or operator exist.
The guidelines are very clear for maritime law and lack of appropriate equipment is grounds for a lawsuit in the event of an injury or death that results. If you or someone you know has been injured due to a lack of appropriate equipment aboard a seagoing vessel, you may have a case at maritime law. A lawyer from Johnson Law Group can examine your case and obtain the compensation you deserve.
