Those working in maritime environments take daily life-and-death risks. One bad storm or one overlooked maintenance issue may be all it takes for a tragedy to occur in a maritime work environment.
Families reeling after a tragedy involving an offshore worker may have the right to pursue a wrongful death lawsuit. Maritime claims are substantially more complex than traditional wrongful death lawsuits for land-based incidents.
Successful litigation typically requires proof of negligence. When a business ignores clear signs of inclement weather, that can be a form of negligence that supports a wrongful death lawsuit after a maritime tragedy.
Could other people recognize the risk?
Being out on the ocean during severe weather can lead to countless different issues, from vessels capsizing to workers getting swept overboard by large waves. The correlation between inclement weather and increased risk is well known.
Maritime businesses must make decisions that prioritize not just company profits but also worker safety. In scenarios where another reasonable person could recognize that the weather predicted during a maritime excursion could lead to deadly incidents, employers who refuse to delay or reschedule trips may be liable for tragedies that occurred.
When other reasonable people recognize specific hazards, the decision to ignore those risks can constitute negligence. Surviving family members impacted by a maritime tragedy may be able to request financial compensation based on the negligent decision to send a vessel out or the refusal to recall it despite the impending hazardous weather conditions.
Reviewing the circumstances that led to a maritime fatality can help families demand justice. The insight and support of a maritime lawyer can help people understand and assert their rights after an offshore tragedy.