Maritime law defines the protocols and standards used in the maritime industry. These protocols are incredibly important—while every work environment has its own dangers, the maritime industry is rife with life-threatening risks that must be properly managed. Not only is the industry inherently dangerous, but you also have to consider the role of negligence. When an employee, boat owner, or employer is negligent, workers are at even greater risk of serious injury. At BoatLaw, LLP, our inadequate training attorneys help maritime victims like you seek compensation.
BoatLaw, LLP focuses on serving injury victims throughout Alaska, California, and the Pacific Northwest. Attorneys Douglas Williams and Nick Neidzwski have built their legal careers fighting for injured maritime workers and their families for more than 40 years. If someone else’s negligence led to your injuries, you could be entitled to more compensation. Set up a time to talk now by calling our inadequate training law firm at 1-800-BOATLAW.
How Negligence is Defined Under General Maritime Law
Negligence is a legal term referring to a failure to exercise reasonable care. When an employee, employer, or vessel owner takes unnecessary and unreasonable risks on navigable waters, they put others in avoidable danger. These unnecessary risks turn into negligence when they actually lead to harm to another party.
For example, think about the training programs and protocols used by each vessel to ensure that employees are thoroughly trained and prepared for the demands of their daily work. Now, imagine that an employer skips several training modules in order to save time and get new employees on the floor more quickly. As a result, employees aren’t able to respond appropriately to emergency situations, and someone gets hurt. This is a situation that would warrant the help of an inadequate training lawyer.
Examples of Maritime Negligence
Maritime negligence comes in many forms. At its worst, it can lead to serious accidents, injuries, and even fatalities. For example, a shipowner may fail to perform proper maintenance, perhaps due to a lack of funds or an unwillingness to take the boat out of service for a period of time. When the lack of maintenance causes something to break down and someone becomes injured, the vessel owner may be guilty of negligence.
Negligent navigation has also led to many crashes and avoidable injuries over the years. When a captain or crew member either fails to track weather conditions or fails to respond appropriately to weather conditions, the vessel may suffer serious harm—leading to severe injuries among crew members.
Improper cargo loading is another tragically common cause of crew member injuries. When cargo is not loaded securely, it can shift and slip during transportation. The vessel may then be at greater risk of an accident, leading to preventable injuries among crew members.
Legal Standards and the Burden of Proof
When you’re injured due to another party’s negligence, it may be time to reach out to an inadequate training law firm. Proving negligence can be an uphill battle if you’ve never taken legal action against another party before, but maritime injury attorneys know exactly what’s at stake and what you need to prove. The victim—you, in this case—must be able to prove that the other party was negligent. This involves showing that they had a duty of care to you, that they failed to uphold that duty of care, that their failure led to your injuries, and that you have suffered measurable harm due to your injuries.
A number of different laws may allow you to seek compensation due to negligence. Remember that regular maintenance and cure does not require you to prove negligence—it simply requires that you suffer injuries in the course of your maritime work. However, certain other laws, including the Jones Act, do require proof of negligence. If you are able to demonstrate negligence, you may be entitled to additional compensation for your losses.
Choose the Inadequate Training Lawyers at BoatLaw, LLP for Your Injury Claim
If you’ve been injured while working in the maritime industry, the inadequate training attorneys at BoatLaw, LLP are here for you. Let’s sit down and discuss your case—and then come up with a game plan moving forward.
