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WILLIS
LAW FIRM
1221 McKinney
Suite #3333
Houston, Texas
TOLL FREE
1(800)883-9858
1(800)468-4878

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| UNSEAWORTHINESS An unseaworthiness claim is filed under the Jones Act against
a vessel's owner, who is often also a seaman's employer. It is
the owner's duty to provide a seaworthy vessel, one that is fit
for its intended use. The vessel or ship must meet all maritime
safety laws and statutes for operating vessels and be considered
a safe and reasonable place for a seaman to reside and work.
Injuries that result from dangerous conditions on a vessel caused
by a lack of proper supplies and facilities are filed under an
unseaworthiness claim The vessel owner owes the seaman a strict
and absolute duty to provide a seaworthy vessel. A seaworthy vessel
is one that is reasonably fit for its intended use, it should be
a safe place to work and live. A seaworthy vessel should be equipped
with appropriate safety gear and equipment, safe recreation facilities,
and a competent crew. The duty owed to a seaman is more rigorous
than the seaworthiness promised in a contract for the carriage
of marine cargo.In addition to holding a seaman's employer responsible
for the negligent acts of its employees and officers, a seaman
can recover if he can prove that the vessel was unseaworthy and
that he was injured as a result.
A vessel that is unseaworthy does not mean that it is in danger
of sinking, though under some conditions it can. A vessel is unseaworthy
if a piece of equipment breaks or is inoperable, the vessel's crew
is too small or incomplete, not adequately trained , or a condition
such as oil, grease or rust exists where it is not intended to
exist and the unseaworthy condition is a direct cause of injury
to the seaman. In other words, negligence focuses on acts of the
seaman's employer , and un seaworthiness focuses on the condition
or inadequacy of the vessel itself. Unlike the Jones Act claims,
which is against the seaman's employer, an unseaworthiness claim
is made against the vessel's owner. In many cases those actions
will be against the same party. A unseaworthiness claim will bring
the owner into a lawsuit as an additional source of recovery for
the seaman. As with the Jones Act, an unseaworthiness claim must
be filed within three years of the date of the injury, and must
be combined with a Jones Act claim.
If
you are a seaman and have been injured on a ship or vessel
that you believe was unseaworthy or that your injuries were
caused in part by the negligent conduct of your employer
or a co-employee, then call us for a FREE
CONFIDENTIAL CONSULTATION at 1-800-883-9858 or 1-800-468-4878.

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If you have been seriously injured while as a member
of the crew of a boat, jack-up rig, tug boat, barge or other marine
ship or vessel, then call us for a Free Confidential Consultation.
Talk to Board Certified Personal Injury Trial Lawyer with over
20 years of experience. (Click Here)

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If I am injured on a ship, should I give a statement
to my employer ? When should I file a notice of injury report ? Under
the Jones Act, do I have the right to choose my own medical doctor ?
(Click Here)

What does maintenance and cure mean
under the Jones Act ? Under what circumstances can I recover pain & suffering
and loss wages under the Jones Act ? (Click
Here)

What
does it mean for a ship to be unseaworthy ? Under the Jones Act can part
of the ship or vessel be seaworthy and another part unseaworthy? (More)

Under the Jones Act and maritime law, what is the
deadline or Statute of Limitation to file a claim or lawsuit if I was
injured on a ship or vessel ? (More)

What if I am not a Jones Act seaman, but I was injured on a ship, vessel or an offshore oil rig or platform ? Does maritime law still apply ? Can I file a maritime claim or lawsuit to recover for my injuries? (More)

Can I file a Jones Act claim if my loved on has been diagnosed
with asbestos lung cancer or mesothelioma from asbestos exposure while
working on a ship or at the shipyard ? (More)
Does maritime law protect me if I was exposed to benzene and later I am
diagnosed with leukemia ? (More)

What if my spouse is killed while at sea? Does the Death
on the High Sea Act (DOHSA) apply to all deaths on ships vessels, helicopters,
and
ships on the high seas?
(More DOHSA info)

What are my legal rights if I have had a previous or old injury but now I have suffered a new injury to my back and neck and may need surgery but the Maritime Insurance company's adjuster says I am not covered and he will not approve it ? Yes, you are covered whether it is aggravation of a old injury or new one, if you were a Jones Act seaman injured on the vessel and the employer was at fault or negligent then you can file a Jones Act lawsuit for any type of injury such as heart attacks, strokes, head injury, brain damage, paralysis, burns, broken bones, paraplegia, quadriplegia, loss of an arm or leg, blindness and for emotional trauma or mental anguish, disfigurement, medical expenses and for loss wages or lost earnings in the past and future.
(Jones Act Lawsuit Damages) |
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NOTE: The statements and information provided on this web site are for the informational purposes only. This site is not intended to provide legal advice to the reader and NO attorney-client relationship shall be deemed to arise from the receipt this page and/or its associated pages or any oral or e-mail communication to or from with David Willis or The Willis Law Firm. There will be NO lawsuits filed, claims made, letters or phone calls made for a prospective client, until that person is represented by the firm. An attorney client relationship only arises after the attorney and client have signed a written attorney client agreement, after the attorney has evaluated the background facts provided and has accepted the representation of the client's legal action.
Mr. Willis is a licensed attorney in New York and Texas. Principle office is Houston, Texas.
He is a Board Certified in Personal Injury Trial Lawyer, certified by the Texas Board of Legal Specialization.
Mr. Willis has represented clients in maritime personal injury, barge accidents, boating accidents, transports, crew boats, diving accidents, rig workers, injuries in river, lakes, canals, ICC, wrongful death lawsuits, oilfield accidents, oilrig accidents, tankers, shrimp boats, fishing vessels, tug boats, push boats, auto accident, explosions, crane accidents, rollover, asbestos, mesothelioma, sandblasters disease - silicosis, benzene solvents-aml leukemia, MDS, toxic chemical, lung cancer, 3rd party actions, electrical shock, fires, burns, explosions, helicopter crashes, tugboats, trucking accidents, third party lawsuits, and other product liability and negligence cases from across the United States, including clients from Alabama, Arkansas, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Virginia, Mexico, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Mississippi, Montana, North Carolina, Nebraska, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wisconsin, West Virginia & Wyoming.
Further, any statement or reference to past personal injury, products liability lawsuits, settlements or verdicts should NOT be relied upon in one's own case or in your decision on which law firm to hire. All cases, facts, injuries, damages, venues and lawsuits are different and there is NO way to predict the outcome of a particular case, verdict of a jury or judge or the strength of a case before a judge, jury or the appellate court system. The client is responsible for all of their own medical expenses. All cases are handled on a contingent fee basis. No attorney’s fees or case costs charged to client, unless a recovery is made for the client. Often in very serious and catastrophic maritime injury and offshore seaman injury cases Mr. Willis may associate with another attorney as co-counsel and in other matters, the case may be referred. In cases where a legal matter is referred, Mr. Willis will continue to maintain joint responsibility with the handling attorney or lead counsel and actively monitor the progress and development of the case |
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