Sinking Ship Liability in Washington - Admiralty Lawyers Helping Victims of a Boat Sinking

The boating industry is one that's heavily regulated and has several enormous and powerful statutes that govern different situations. However, not every boating incident is covered by a statute, and for those that occur that are not covered, general liability law is what is used and necessary in order to enforce and protect the rights of those who are harmed.

Below is an overview of different issues that exist within the realm of a 'typical' sinking boat situation. You'll find information regarding common causes of a boat sinking, liability theories that could apply, damages that could be sought and awarded and why you need an admiralty lawyer if you or someone you love has suffered as a result of this occurrence.

Common Causes for Boats Sinking

If one were to attempt to classify common causes for boats sinking, it could be done by separating those causes that take place before the boat leaves shore and those that occur when the vessel is already out to see. Below are some examples of each.

Prior to Leaving Shore

  • Improper construction of the vessel
  • Improper maintenance of the vessel
  • Failure to load proper safety equipment
  • Failure to train crew properly for emergency situations
  • Overloading cargo
  • Improper or unqualified crew staffing
  • Defective tanks
  • Improper watertight integrity
  • Failure to adhere to weather warnings

After Leaving Shore

  • Capsizing due to steering error
  • Fires
  • Explosions
  • Cargo handling accidents
  • Crane accidents
  • Winch accidents
  • Failure to provide immediate emergency care
  • Failure to adhere to changing currents
  • Failure to properly adhere to weather warnings
  • Exhaustion
Clearly, there are additional causes for boats sinking aside from those mentioned above. Regardless, though, each of these causes could lead to a valid claim of liability against the proper defendant or defendants.

Liability Theories and Equitable Recovery in Washington

One of the more complicated aspects of any legal claim that follows a boat sinking involves the theory of liability that should be used in order to provide the injured party with the best opportunity to obtain an equitable recovery. Before a legal theory can even be chosen, the proper defendants must be identified. Examples of defendants who could be properly named to a lawsuit include:
  • The boat's captain
  • The shipping company
  • The boat's crew leadership
  • Other boat captains
  • Manufacturers of products in cargo
  • Manufacturers of boat parts
  • Shipping maintenance companies
As a result of all of the different defendants that could be named, below are examples of different legal theories that could be used, aside from statutes that include the Jones Act, DOHSA and the LHWCA:
  • Negligence - Negligence is the theory that's most often used in traditional personal injury cases. Negligence basically is proven by showing that the defendant owed a duty to the plaintiff, that this duty of care was breached, that this breach of the duty of care caused the injuries suffered and that the plaintiff suffered damages.

    There are not only a plethora of regulations put forth by the government that set the standard of reasonable conduct for sea-faring vessels, but there are also long-held norms in the shipping industry that are uniformly recognized as the correct way to act and incorrect way to act within the context of a certain situation. Proving that this occurred could entitle the plaintiff to a damages award to compensate for several different forms of loss.
  • Products Liability - Products liability cases involve the plaintiff attempting to prove that he or she was injured while properly using a product that was defective. In order to prove that a product was defective, the plaintiff must show either that the product was designed in a manner that was unreasonably safe or that the product that caused the injury was improperly manufactured.

    This theory could be used in situations where the components of the boat fail after being used properly, when the cargo of a ship causes injuries despite the fact that it was not foreseeable that they would or if the boat's engine fails and catches fire, leading to the sinking of the boat at sea.

Damages

The damages available to someone who is injured as a result of a boat sinking are very much in line with the damages that could be awarded in a personal injury or a products liability case. These types of damages include:
  • Medical costs
  • Lost wages
  • Lost income
  • Pain and suffering
  • Costs of rehabilitation and equipment
Obviously, there are other forms of damages, but the examples above represent common types of awards that are approved by judges and juries.

Why You Need a Washington Admiralty Lawyer

As you see above, working towards a positive result for an injured person after a boat sinks can be very complicated. Therefore, rather than attempting to handle all of this information yourself while simultaneously attempting to recover from your injuries, contact the admiralty lawyers at Phillips Webster today to schedule a free initial consultation.

Summary

A boat sinking can be a very damaging situation, and the laws in place do not necessarily cover every situation. Therefore, there are different common causes of boats sinking that could lead to different legal theories being used and different defendants being named seeking different forms of damages, all of which means you need the help of the admiralty lawyers at Phillips Webster.
 



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