Defective safety equipment can cause serious injuries for seamen working on Florida vessels. If faulty gear contributes to an injury, the worker may have legal options under federal maritime law.
When can a Jones Act claim apply?
A seaman may bring a Jones Act negligence claim if the employer’s negligence played any part in causing the injury. That can include failing to inspect, maintain or provide safe equipment.
Workers may also file a claim for unseaworthiness if the vessel, its gear, or its crew members fail to meet reasonable standards of safety for their intended operations. Unlike a negligence claim, unseaworthiness does not require proof that the owner knew about the problem.
What kinds of equipment problems matter?
Examples of defective equipment may include:
- Broken or worn ropes
- Faulty harnesses or lifelines
- Damaged protective gear
- Defective machinery or tools
These problems can be especially important if the equipment was supposed to protect the worker from a known hazard or if the failure happened during normal use. In either situation, the condition of the gear may help show whether a maritime claim exists.
What evidence should be preserved?
Evidence from the scene can be important after an equipment failure. Useful items may include:
- Photos or video of the equipment
- Maintenance and inspection records
- Incident reports
- Witness statements
- Medical records
- Messages about the equipment problem
If possible, the damaged equipment should be preserved and not repaired or discarded before it can be documented.
What should an injured seaman do?
Report the injury as soon as possible and keep copies of all written reports. Get medical care and explain how the injury happened. If it is safe, photograph the equipment and accident scene. Save any messages, records or other proof related to the failure.
Jones Act claims, unseaworthiness claims and other maritime remedies have different rules, so early review can matter. Many maritime personal injury claims also have filing deadlines, so it is important to act promptly. If defective safety equipment caused or contributed to an injury, a maritime attorney can review the facts and explain which claims may apply.