On account of the high-risk environment of the maritime business, workers depend on not just having the appropriate equipment but using the appropriate equipment function properly. However, this is not necessarily the case. The gear can have manufacturing flaws, be missing parts or important safety guards, or be maintained by your maritime employer or the vessel owner.
Regrettably, the consequence of this defective equipment is often injury or death to the seaman, dockworker, or other maritime employee working or operating near the defective marine equipment. When you’re injured by faulty equipment, it is ideal to first report the injury and receive proper medical therapy. Afterward, a seasoned maritime injury attorney in Texas will be able to help you determine negligence and fight for the compensation you deserve for your injuries.
Defective Equipment Maritime Accident Attorney
Defective gear can be anything from machinery generating excessive noise, to corroded chemical drums, to missing parts of security gear. In case you have endured a maritime-related injury due to defective equipment in the Gulf of Mexico, including the Atlantic Ocean, or anywhere in Texas, Louisiana, Mississippi, Alabama, Florida, Georgia, South Carolina, and North Carolina, the experienced maritime accident lawyers of RJ Alexander Law, PLLC will determine that the negligent party and fight for maximum compensation in your circumstance.
Under maritime law, there are three accountable parties for an injury claim arising from defective maritime equipment. In the event the injury originated from faulty design or a manufacturing flaw, like being composed of material insufficiently strong for the task it is made for having missing or defective parts, the producer or distributor of these defective equipment might be the negligent party liable for your injury. However, if your employer knew or ought to have known that the equipment was faulty and let you operate or otherwise use it anyhow, that’s negligence in your maritime employer’s role.
If you’re a seaman who suffers harm due to defective equipment that was provided by your employer without the required duty of reasonable care, proof of such negligence is cause of action from the employer under the Jones Act. In case you and your experienced Seattle maritime injury lawyer prove your employer’s negligence in supplying defective equipment, you may be eligible to recover compensation for damages such as reduced earning capacity, occupational retraining, medical costs, loss of enjoyment of life, and suffering and pain.
The third and most likely, the potential liable party for your maritime defective equipment injury is that the vessel owner. Underneath the warranty of seaworthiness, boat owners have a reasonable duty of care to furnish their seamen using a vessel, equipment, gear, and a crew which are reasonably fit for the intended usage. If the vessel owner knew or ought to have known that certain equipment was not reasonably fit and defective equipment in their boat caused injury, they’re liable under the doctrine of unseaworthiness. A good instance of the way in which a vessel operator should know about faulty equipment is via the operation of necessary safety inspections and proper maintenance or lack thereof.
It can be possible for both seamen and shoreside employees such as harbor workers to recover for unseaworthiness liability from the vessel owner, depending on the instance. A seasoned maritime injury lawyer in Bellingham can ascertain what legal avenues are most appropriate for your situation, and struggle for the maximum reimbursement that is available to you.
Maritime employees such as fish processors, merchant mariners, and deckhands rely heavily on the proper function of the equipment they use daily. From heavy machineries such as cranes and filleting machines to everyday ship gear like pad-eyes, rigging, and cables, faulty marine equipment of any kind can cause serious injury or even death. Some of the injuries seen from the marine industry due to faulty equipment of various types comprises:
Seamen for example deckhands, mates, mariners, engineers, fishermen, and processors can recover damages for these injuries under the Jones Act or the unseaworthiness doctrine generally maritime law if they could prove that the negligence of the company, the vessel owner, or both significantly contributed to their harm. For manufacturing defects, an action against the liable third party may be made.
For shoreside workers like refuge workers, dockyard or shipyard workers, longshoremen, and others covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA) that there may be a claim against the vessel owner for negligence or a claim against a third party for defective equipment. An skilled Portland maritime injury lawyer is able to determine negligence and liability, and guide your case down the correct path to fight for maximum compensation.
With seven years of legal practice, the maritime accident attorney of RJ Alexander Law, PLLC at Houston, Texas and New Orleans, Louisiana serves clients coast-to-coast in healing from a general maritime law and the Jones Act. To find out what RJ Alexander Law, PLLC can do for your faulty marine gear incident injury, call (832) 458-1756 now and schedule your free initial case appointment.