In an interesting decision, an appeals court has held that a vessel owner may be held liable for injuries suffered by a crewmember because of working long hours.

The injured seaman Samson Ili, used to work 16-hour shifts, lifting heavy trays of frozen fish, weighing up to 70 pounds. During one such shift, Ili fell, and suffered serious injuries. He sued the vessel owner, filing a Jones act claim as well as a claim of unseaworthiness. A federal district court granted summary judgment for the vessel owner. The US Court of Appeals for the Ninth Circuit has now reversed that judgment.

According to the appeals court, the extended work hours on the vessel on which Ili was working, could constitute unseaworthiness, considering that other vessels that were owned by the defendants, worked shorter shifts. The other vessels had 12 hour and 14 hour shifts. According to an American Seafoods employee, the company had been experimenting with shorter shifts to see if these were safer for seamen.

Lack of sufficient number of crew members can be the basis for a claim of unseaworthiness. In this instance, it appears as if having more number of workers could have allowed for shorter shifts, and therefore, reduced the risk of injuries. More number of workers, however, means greater expenses for a shipping company.

Vessels Owners Have the Duty to Provide a Seaworthy Ship

Seaworthiness refers to the responsibility of the vessel owners to provide a safe working and living environment for the seaman. This doesn’t extend only to the actual physical structure of the ship and its components, but also to the captains and crewmembers on the vessel. Claims of unseaworthiness are brought against the vessel owner, and not the employer. However in most of the cases, those two parties will be the same.

If you have questions about a claim of unseaworthiness and whether your situation may be eligible for such a claim, contact a maritime attorney at Vujasinovic & Beckcom for a free consultation about your case.