Experienced Maritime Law Attorney Serving all of New Orleans
General maritime law generally refers to the body of cases decided by various courts before the enactment of the Jones Act in 1920. General maritime law provides important protections for maritime workers.
One important protection is a seaworthy vessel. General maritime law requires the owner of a vessel to ensure that the vessel remains seaworthy. Thus, while a Jones Act lawsuit is prosecuted against a maritime employer, a case stemming from an accident caused by the un-seaworthiness of a vessel is prosecuted against the owner of the vessel. In many cases, the owner of the vessel and the maritime employer will be the same company. But in some cases these companies will be different. It is important that your New Orleans maritime lawyer investigates the accident thoroughly so as to file the proper claims against the proper companies.
The obligation to provide maritime workers with a seaworthy vessel is considered by courts to be an absolute duty. A ship is un-seaworthy unless all of its appurtenances and crew are reasonably fit and safe for their intended purpose. A vessel owner does not need to have actual or constructive knowledge of an un-seaworthy condition on their vessel in order to be found liable. The vessel simply needs to be found un-seaworthy.
In addition to receiving compensation for the injuries you sustained as a result of an unseaworthy vessel, courts have ruled that injured maritime workers may also recover punitive damages. Punitive damages are not designed to compensate injured maritime workers for their actual damages. Instead, punitive damages are designed to punish the company that owned the unseaworthy vessel in hopes that it will send a message to all vessel owners. To learn more, speak with our proven lawyers.
Contact Our New Orleans Maritime Lawyer Today
If you or a family member has been seriously injured or killed as a result of a maritime accident, it is very important that you contact a highly skilled, New Orleans maritime attorney immediately. No firm is better equipped than Herman, Katz, Gisleson & Cain, L.L.C. to handle your injury claim stemming from a maritime accident. Learn about your legal rights from an experienced New Orleans maritime attorney by calling 504-581-4892 or by filling out our free, no-obligation case review form.
Other Offshore-Maritime Accidents News
Offshore work is one of the most dangerous professions in the country, and workers and their families may not fully realize the risks until it’s too late.
Offshore accidents can cause irreversible injuries even if someone survives. If you or someone you know has been injured in an offshore accident, you may wonder if you should hire an offshore accident attorney.
One of the greatest risks of offshore injuries isn’t when workers are performing their duties – it’s when they are transported to offshore job sites. Reports show that most offshore worker fatalities occur during travel to and from work.
U.S. maritime law protects offshore workers on vessels flying an American flag, and legal recourse is available for injured workers or the families of those fatally injured. But what about employees on foreign-flagged ships, which lack American safety and liability requirements?
Understanding who qualifies as a seaman under the Jones Act is important because offshore workers are not covered by workers’ compensation. When an offshore accident happens, workers may be able to sue their employer for personal injuries under the Jones Act.
New Orleans, LA Maritime Injury Lawyer What you do (or don’t do) after you are injured in an offshore accident will ultimately determine whether or not you are treated fairly in your claim for compensation. [...]
