Most people who work offshore?on drilling rigs, production platforms, jackups, barges and boats or in submersibles?have heard of laws such as the Jones Act, which exist to protect injured offshore workers and hurt seamen. If there?s a drilling rig explosion, if a boat sinks, if a defective marine crane collapses, the Jones Act can help protect those injured maritime employees because the vessel owner is often liable.
Many maritime workers don?t know that another legal protection, called ?general maritime tort law,? can help when they?ve been injured due to the negligence of a third party?that is, someone besides their employer. Dedicated Louisiana maritime injury lawyer William Gee III has been working to protect injured offshore workers for over twenty years and helps maritime workers understand which offshore injury situations might be covered by general maritime tort law.
An example would be when a seaman is working on a vessel that is owned by someone other than his or her boss and suffers an injury at sea caused by conditions of the vessel itself. General maritime tort law covers several forms of negligence, including:
- When the negligent action or inaction of a third party, who is not the offshore worker?s employer, contributes to the cause of an offshore accident;
- When more than one party is negligent in the offshore or maritime accident injury;
- When an employer is aware of a potentially hazardous condition but fails to address it.
Most general maritime tort cases address the question of whether there was a legal duty to the injured person that was breached. A maritime negligence case examines whether the injury was a foreseeable result of the negligent act or failure to act.
For instance, if drilling rig needed repairs, if a marine crane malfunction was known but hadn?t been fixed or a submersible had a poor maintenance record, the owner of those offshore vessels and equipment could be held liable in the case of a maritime injury. General maritime law also imposes liability on an employer for the negligent and tortuous acts of an employee committed in the course and scope of that employee?s work. If a party?s maritime negligence causes injury, the victim can sue to recover damages for personal injuries, including pain and suffering, as well as certain economic damages, such as loss of future earnings.
If you were injured offshore or lost a loved one due to a wrongful death at sea, call the Law Offices of William Gee III today at 1-800-488-5227 or contact us online. We know maritime law inside and out, and can help you seek justice.
The Law Office of William Gee, III
2014 W. Pinhook Road, Suite 501
Lafayette, Louisiana 70508
1-800-488-5227
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