Negligence
An employer is negligent if he or she committs an act which a person exercising ordinary care would not do under similar circumstances, or fails to do what another person exercising ordinary care would do under similar circumstances.
Unseaworthiness
In addition to being able to recover maintenance and cure, an injured seaman may also be entitled to recover for “unseaworthiness”. This unseaworthiness recovery includes pain and suffering, injury, impairment of earning capacity, hospital bills, medical bills, and all reasonable loses that occur as a result of their injury or illness that can be attributed to the unseaworthiness. This recovery supplements the injured seaman’s maintenance and cure, and can be quite sizeable. Additionally, a seaman does not lose the right to recover for unseaworthiness even if he or she is guilty of contributory negligence. However, any contributory negligence on the part of the injured seaman may reduce the amount of the award.
It is the ship owner’s duty to maintain their vessel in a seaworthy manner. This duty cannot be delegated. In addition to the unseaworthiness of the vessel, the vessel’s equipment, masters, and members of the crew can render a vessel unseaworthy.
Lumpkin, Reeves & Mestayer P.L.L.C
228-374-5151