Suing Owners of Vessels and Limited Liability
December 22nd, 2015 6:09 am | by admin | Posted in blog
Under the Jones Act, an individual who suffers injuries while working at sea is entitled to sue the employer and owner of the vessel for injuries that are the result of negligence. The individual working at sea is called a “seaman” and individuals who are crew members to captains of vessels fall into this category. Even part-time seamen who spend 30 percent of their time at sea qualify under the act. There are multiple ways where vessel owners will try to limit their liability.
Seamen are required to prove negligence, albeit by a much lower standard than in traditional negligence cases, because there is a precedent in United States legal history that liability should be limited to those who are responsible for your injuries. Vessel owners who meet certain conditions can limit their liability for your injuries. If you have suffered an injury while working at sea, you should contact an experienced maritime accident attorney who will be able to evaluate your options and get you the compensation you deserve.
Understanding How Vessel Owners Limit Their Liability: Pursuant to federal law, the owner of a vessel is permitted to limit his or her liability after an accident in certain situations. This limit of liability covers the accident or casualty up to the value of the vessel. That means that the vessel owner is not responsible for damages outside the value of the vessel. However, if the injury or death occurs as a result of negligence, such that the vessel owner had “privity or knowledge” of the acts of negligence, then the vessel owner will be responsible for the damage.
Who is Actually Entitled to Limited Liability? The term limited liability act encompasses all vessels at sea, on rivers, on lakes, and those performing inland navigation and it is only applicable in accidents that result in personal injuries. The term owner of a vessel includes the actual registered owner of the vessel, the company that leased it, or the company that chartered it. Any party that exerts control over the vessel could possibly be deemed the owner of the vessel when someone suffers personal injuries at sea.
When Can Vessel Owners Limit Liability? Under the Limited Liability Act, a vessel owner can either file an action in federal court or assert the act as a defense if a complaint is filed. But, if the vessel owner is proactive and decides to file a case in federal court first, it permits them to determine:
(1) If the vessel owner is liable for the injuries of the injured party;
(2) If the vessel owner can limit liability to the amount of the vessel and freight;
(3) The actual amount of the injured party’s damages;
(4) Consult an Attorney;
If you are a seaman and have suffered injuries at sea, you should contact an experienced maritime accident attorney who will be able to hold the vessel owner accountable for your injuries and get you the compensation you deserve.
ABOUT THE AUTHOR: Alan Kolodny and Alex Forrest