How does the law define unseaworthiness? What is unseaworthiness? When is a vessel unseaworthy?

How does the law define unseaworthiness?

Research Your Jones Act Case

This website provides information for persons involved in Jones Act accidents and mishaps. We provide vital information so you can make informed decisions regarding your Seaman accident.

We have the most comprehensive Jones Act website in California.

Experience counts.


How does the law define unseaworthiness?


Common Questions by seriously injured Jones Act Seaman and their families:

How does the law define "unseaworthy?"
When is a vessel unseaworthy?


The following is the Ninth Circuit Model Jury Instruction for Unseaworthiness:

UNSEAWORTHINESS DEFINED

A vessel owner has a duty to provide and maintain a seaworthy vessel. [That duty cannot be delegated to anyone else.]

A vessel is seaworthy if the vessel and all of its parts and equipment are reasonably fit for their intended purpose [and it is operated by a crew reasonably adequate and competent for the work assigned].

A vessel is unseaworthy if the vessel, or any of its parts or equipment, is not reasonably fit for its intended purpose [or if its crew is not reasonably adequate or competent to perform the work assigned].

A vessel owner has a duty to provide adequate safety equipment for the vessel. However, the owner of the vessel is not required to furnish an accident-free ship. A vessel owner is not called on to have the best parts and equipment, or the finest of crews, but is required to have what is reasonably proper and suitable for its intended use, and a crew that is reasonably competent and adequate.



Additional Jones Act information:

What is a Jones Act case?
The Jones Act

Who is a Jones Act Seaman? (Seaman Status)

What is Jones Act Maintenance and Cure?
What is Maintenance under the Jones Act?

What is negligence under the Jones Act?
What do you have to prove in a Jones Act negligence claim?

What is unseaworthiness?
How does the law define unseaworthiness?
How do I prove the vessel was unseaworthy?

If you are a seriously injured Jones Act Seaman, how are you going to support your family?
Some Jones Act “truths”
Are you a Seaman with a Personal Injury Claim or the family of a Seaman with a Death Claim?

Five Reasons to Hire The Turley Law Firm
If you aren't sure how to pick a law firm to handle your Jones Act case, consider the
following facts about The Turley Law Firm:

1. Maritime law cases are our main focus. The Turley Law Firm focuses on maritime injury cases. Not all firms who will take your case have the experience and focus that we do. If you speak with another law firm, you should find out how many maritime law cases they have actually handled. You will probably be a tad surprised when you find out. You don't want your lawyer to use your case as "on the job training." You need an expert on maritime law. Don't let another attorney use your case to learn maritime law.


2. Our attorneys will personally handle your case. Our attorneys and staff at The Turley Law Firm will handle your case. We won't refer you out to a maritime law firm. We know this because many of these firms refer maritime and Jones Act cases to us. If you hire us directly, you will cut out the "middle-man," so to speak.


3. Our history speaks volumes. The Turley Law Firm has a documented history of winning maritime, Jones Act, boat accidents and ship accident cases.


4. We have been recognized by other lawyers as being leaders in our field. Bill Turley was elected to be the President of Consumer Attorneys of San Diego and has been elected (for over 10 years) to be on the Board of Governors of the Consumer Attorneys of California. Bill was chosen 2010 Top 10 Personal Injury Lawyers in San Diego. Bill is regularly published in very respected legal publications. In other words, Bill is very well respected by other lawyers and Judges.


5. Experience counts. The attorneys at The Turley Law Firm have over 30 years of experience representing folks injured on boats and ships. In other words, folks just like you. Bill is considered by many to be "Dean of the San Diego Maritime Bar."


(619)234-2833


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Where Should You Hire An Attorney For Your Jones Act Case or Maritime Injury Case?

California Allows Seaman and Maritime Claimants  To File Jones Act Cases and Maritime Case In California - Even If You Were Injured or Were Working In another State!

Many of the big shipping companies and fishing companies regularly recruit workers from California to work on their vessels. When they get seriously hurt, they get shipped home.

When the injury is serious, what should they do?

We recommend they call us. Many times we can bring claims for these seaman in California State Court. Flying back and forth from distant ports can really add up the costs of a lawsuit. When you bring your case in California State Court, you in effect, level the playing field between you and the insurance company.

The last thing the insurance company wants you to do is file your claim in California State Court. By doing so, you are taking away the shipping companies or fish processing companies big advantage - - making you file a claim in their state.

Thus, if you are from California and you were injured in another State or working for a shipping company or fish procession company from another state - - you should call us. If you call an out of state attorney they are most likely going to file your claim in their state.

If you call us, we are going to try to keep your case here in California. In your home court - not the insurance companies home court. Call us first.

Forum Selection Clauses

At times, lawsuits and claims must be filed where the incident occurred or, for example, pursuant to a forum selection clause, in cities far removed from where the claimant resides. Thus, we accept cases with clients that live all over America and the world. The Turley Law Firm has a world-wide practice.

Somtimes seaman may get injured in another State and there is a forum selction clause which states the lawsuit must be filed in California. In these instances, we may represent Seaman and crewmembers that come from states and/or ports very distant from California.

Based upon the foregoing California venue rules and forum selection clauses, we accept cases for injured Seaman that are injured all over the World and America, including: Ship accident cases that occur in every Ocean and Sea in the world, including the Pacific Ocean, Atlantic Ocean, Gulf of California, Santa Barbara Channel, Arctic Ocean, Indian Ocean, Indian Ocean, Southern Ocean, Gulf of Mexico, Gulf of Alaska, Mediterranean Sea, Caribbean Sea, South China Sea, Bering Sea, Okhotski Sea, East China Sea, Hudson Bay, Japan Sea, Andaman Sea, North Sea, Red Sea, and Baltic Sea.


As outlined above: We accept cases for California residents which are injured allover the world and the United States, including: Alabama, Alaska, American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Marianas Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Virgin Islands, Washington, West Virginia, Wisconsin, Wyoming.


Disclaimer:

We are California lawyers. We can not and do not hold ourselves out as being attorneys from any other State. We do handle cases for Seaman that are filed in other States. In those instances we associate in local counsel and we can practice in most states as pro hoc vice counsel. As stated above, we provide legal representation for California residents that are injured all over the United States and the World.

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The Turley Law Firm
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San Diego, CA 92101
Phone: (619) 234-2833
Fax: (619) 234-4048
Toll Free: 866-963-0540


The San Diego, California personal injury law firm of The Turley Law Firm serves clients across  Southern California area. We give you straight talk about your legal options. We have handled cases from San Diego to Imperial Beach to Oceanside to Escondido to El Cajon, everywhere in between, such as: Alpine, Camp Pendleton, Cardiff, Carlsbad, Chula Vista, Coronado,  Del Mar, Eastlake, Encinitas, La Mesa, La Costa, La Jolla, Lakeside, Lemon Grove, Mission Bay, NAS San Diego, National City, Naval Station San Diego, North Island, North County, Pacific Beach, Point Loma, Port of San Diego, Poway, Ramona, Rancho Bernardo, Rancho Santa Fe, San Marcos, San Diego Harbor, Santee, Solana Beach, South Bay, Spring Valley, Vista.

We handle cases across California, including: Riverside County, San Bernardino County, Orange County, Imperial County, Los Angeles County, and Ventura County, Colorado River, Mexico, Cabo, Pacific Ocean and all the Oceans and waterways across California and the World.


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