Maritime Personal Injury

There are four main categories of individuals injured at sea or in maritime settings:

• seamen and fishermen
• longshoremen and harborworkers
• passengers
• business invitees

Seamen and Fishermen

The Jones Act allows an injured seaman or fisherman to bring a claim against his or her employer for the negligence which caused the injury. The following are some examples of negligence that may cause injuries:

• Failure to provide safe equipment
• Failure to maintain the vessel and equipment
• Failure to hire a competent captain or crew
• Failure to properly train the crew
• Failure to provide a safe place to work
• Working in too heavy weather
• Assigning inexperienced crew to run equipment
• Failure to follow safety rules
• Ordering a seaman or fisherman to work excessive hours
• Failure to provide prompt or adequate medical treatment
• Failure to put guards on machinery
• Failure to follow "lock out, tag out" procedures
• Having a vessel undermanned or understaffed
• Having crew perform repetitive hand movements that cause carpal tunnel syndrome or tendinitis
• Having obstacles in pathways
• Failure to provide appropriate clothing or gear

Seamen and fishermen can also can also bring claims against their employers for "unseaworthiness if the vessel or its equipment is defective in some way. These are a few problems that could make a vessel unseaworthy:

• Equipment that fails under use
• Broken planks or deck boards
• Hydraulic fluid or oil on deck
• Insufficient crew
• Defective hull
• Unreasonably slippery decks
• Obstructions on deck
• Tripping hazards
• Defective or insufficient tools
• Stairs being too steep or lacking handrails
• Not having adequate lifesaving equipment on board
• Dangerous machinery not being guarded

Seamen and fishermen are not subject to workers' compensation laws in the U.S. The only exception is fish processors who work on factory ships or barges moored within three miles of Alaska, who are subject to both the Jones Act and the state compensation laws of Alaska. If they are injured, they must choose either to sue under the Jones Act or to apply for Alaska State Comp benefits.

Longshoremen and Harborworkers

Longshoremen and harborworkers are covered by a "no-fault" federal worker's compensation system, meaning that injured workers are entitled to benefits under the law without proof of any liability. They may also be able to sue the ship owner for damages if the owner's negligence caused the injury.

Passengers

Paying passengers who are injured on a boat or cruise may bring a lawsuit against the boat owner if the owner's negligence caused the injury.

However, such suits may be limited by the terms of the passenger's ticket, which is considered the contract for passage. For example, the terms of the ticket may limit the amount of time within which lawsuits can be brought, require the injured passenger to give the boat owner notice of an injury within a certain period of time, and/or provide that a lawsuit must be filed in a certain location.

Business Invitees

This is a rare category: an example of a business invitee would be a surveyor who is invited aboard to inspect the vessel. If business invitees are injured due to the negligence of the vessel owner, they may able to sue the owner under general maritime law.

Mehlman TerBeek LLP has extensive experience with maritime personal injury cases, and our attorneys will fight aggressively to win compensation for injured clients. Call us at 925-935-3575 to discuss your case today.