The Idea Behind the Implied Warranty of Seaworthiness

Posted by: rzehl
February 12, 2009
Topic: The Jones Act

The implied warranty of seaworthiness exists to protect seamen from potentially dangerous conditions present onboard a vessel that are beyond their control. This doctrine arises out of the ship itself and must be applied against the owner of that particular vessel. The implied warranty of seaworthiness allows an injured seaman to hold his employer liable for any dangerous conditions onboard a vessel that contributed to an injury. These dangerous conditions, like missing safety gear, faulty equipment or slippery deck surfaces, can be enough to have a vessel declared unseaworthy. Upon a finding of unseaworthiness, an injured seaman may recover under the Jones Act for the negligence of the vessel owner in maintaining the ship.

In addition, the vessel owner is required to provide maintenance and cure for any injured seaman until that individual reaches maximum medical improvement. This means that a vessel owner is obligated, regardless of fault, to cover an injured seaman’s medical and living expenses until that individual reaches the point that he will no longer medically improve. A word of caution is in order, however, to those who may think that maintenance and cure is going to cover everything. The statutory amounts for maintenance and cure are extremely low and will barely support a man and his family, if at all, during recovery.

If you or a loved one has been injured offshore contact the experienced Jones Act attorneys at the Fitts Zehl Law Firm by phone at (713) 491-6064 or email at info@gulfcoastmaritimelawyer.com. We zealously represent injured seamen from throughout the Gulf Coast region including: Houma, Houston, Corpus Christi and New Orleans.      

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