Can families file a lawsuit if a maritime worker drowned?

Caution Drowning SignDespite the many safety advances and lifesaving precautions in the maritime industry, drowning remains a high risk for seamen and harbor workers. Fatal drowning accidents can happen while a vessel is at sea, when the vessel is approaching a harbor, or even when vessels are tied to a dock. While the inciting incidents in each case may vary, the majority of maritime workers who drown are the victims of someone else’s negligence.

Common Reasons for Drowning Incidents in the Maritime Industry

Drowning incidents can occur any time seamen enter the water, but are most likely to happen after an unwitnessed or unprotected fall overboard. If a loved one was killed after falling off of his or her vessel, family members should speak with a maritime injury attorney to determine whether the incident was caused by:

  • Lack of PPE. Employers are required to provide life vests to all crew members working on deck, ensure that flotation devices are worn, and replace any damaged or worn-out life-preserving equipment on vessels.
  • Training or staffing deficits. All vessels should be staffed with an adequate number of crew members. Understaffing can cause fatigue and exhaustion among workers, increasing the odds of an accident. Employers should also implement “buddy system” techniques to ensure that employees work in pairs during potentially dangerous maneuvers, decreasing the amount of time a person would spend in the water if he or she fell overboard. In addition, employers have a duty to ensure that all seamen have received training both on their job duties and on proper safety and resume measures.
  • Unseaworthiness. Vessel defects are a primary cause of slip or trip accidents that can cause a seaman to fall overboard. Owners may be held liable if damaged ladders, faulty lifeboats, slippery decks, or other unsafe equipment rendered the vessel unseaworthy.

If someone you love was killed at sea, the maritime attorneys at Hofmann & Schweitzer can determine who may be held liable and what you are owed under the law. Call 1-800-3-MAY-DAY today to or download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights.

 

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.