Maritime River
Every year, serious maritime injuries and deaths suffered by workers and private citizens continue to increase with alarming frequency. Maritime river work is a dangerous business governed by maritime law, which has extended to include recreational vehicles as well as commercial and ocean vessels. Maritime laws are designed to provide protection to people who have suffered maritime injuries that occur on or near rivers and other navigable bodies of water. However, the protections provided by law are different for seamen-- those who are employed to work on the vessel-- than those for social guests or passengers on a vessel.
The deck of a vessel—where workers must be involved in the use of a crane, winch, net reel, or crab pot launcher—may be one of the riskiest places to work. In addition to the dangerous deck, the galley and engine room pose serious risks. Many maritime river workers suffer from hearing loss due to working in a noisy environment with no ear protection. Some of the most common reasons for maritime river accidents include:
- Un-seaworthiness (when a boat is unfit for its intended use due to lack of proper supplies and facilities or other deficiencies, which holds the owner of the vessel liable)
- Human error (including operator or crew’s negligence)
- Collisions (between vessels or with power lines, icebergs, etc.)
- Products (i.e. equipment, vessel parts, etc.) defect (negligence on the part of a third party)
- Failure to comply with regulations
The National Transportation Safety Board and the Coast Guard’s Marine Safety program are responsible for regulating sea travel and investigating all maritime accidents. These agencies also set the safety standards for operators, crew, vessel operation, product manufacturers, and more.
An injured seaman maritime worker may be eligible to recover personal injury losses, which include pain and suffering, mental anguish, lost wages, medical bills, and more. There are several laws designed to protect the rights of injured maritime workers including:
- The Jones Act - recognizes the danger of vessel work and provides injured seamen compensation for their injuries, including economic and non-economic losses, if the injuries were suffered during their employment and were a result of their employer or coworker’s negligence. The Jones Act also holds employers liable if they don’t provide sufficient medical care to an injured seaman.
- The General Maritime Law (GML) - provides injured seamen remedies, which include maintenance, daily allowance, and sufficient medical care.
Social guests, who have suffered maritime injuries, are protected by general maritime laws and personal injury state laws that hold a third party liable.
Maritime laws may involve many potential claims of liability under federal and state laws. One or more parties may be held responsible in a maritime injury lawsuit, including the owner or operator of the vessel, the repair and maintenance crew, the manufacturer or designer of the vessel, a co-worker, or any other culpable party.
Due to the complex nature of the laws protecting injured maritime workers, it is important to contact an experienced and qualified attorney at the Lamothe Firm to ensure your legal interests are protected.
Please contact us today to speak with a qualified attorney at the Lamothe Firm who can evaluate your case free of charge to determine the best way to protect your legal rights. Mr. Lamothe has a wealth of experience handling similar cases and is prepared to protect your legal interests.