Alabama Fishing Vessel Injury Lawyers
Alabama Fishing Vessel Injury Lawyers
The Alabama Gulf Coast is home to a robust commercial fishing industry, with hundreds of vessels operating out of hubs like Bayou La Batre, Coden, and Bon Secour. While this industry is a cornerstone of the regional economy, working aboard a shrimp boat, menhaden snapper, or deep-sea charter is one of the most hazardous occupations in the United States. From the unpredictable waters of the Mississippi Sound to the deep reaches of the Gulf of Mexico, crew members face daily risks from heavy machinery, slick decks, and extreme weather. When injuries occur, navigating the complex laws governing maritime work, such as the Jones Act, requires experienced legal counsel.
What Should I Do Immediately After a Fishing Vessel Injury in Alabama?
If you are injured on a fishing vessel, your immediate priority is seeking medical care at a specialized facility like USA Health University Hospital or the Arnold Luterman Regional Burn Center in Mobile. You must report the injury to the captain to ensure an entry is made in the ship’s log, document the scene with photographs, and identify all witnesses to the incident.
Taking the right steps in the hours following an accident is vital for protecting your legal rights:
- Seek Medical Attention: For severe injuries, you may be met at the dock by Mobile Fire-Rescue or medevaced from the Gulf. Ensure you receive a full evaluation at a Level 1 trauma center and follow all treatment recommendations from the medical professionals. Do not downplay your injuries or refuse treatment, as this could negatively impact your claim later.
- Official Documentation: Ensure the accident is recorded. For seamen, this means an entry in the deck log detailing the time, location, and nature of the incident and injury. If the vessel is a smaller commercial boat, ensure a report is filed with the Alabama Marine Patrol if damage or injury thresholds are met, and request a copy of this official report.
- Preserve Evidence: If physically able, take clear, well-lit photos and videos of the equipment that failed, the lack of safety gear, or the hazardous deck conditions (such as excessive oil or fish slime) that caused the fall. Do this as soon as safely possible, before the scene is cleaned or repaired. Also, keep the clothing and boots you were wearing at the time of the injury.
- Identify Witnesses: Collect names, phone numbers, and email addresses for fellow crew members or nearby boaters who may have seen the accident or the conditions leading up to it. In the transient world of commercial fishing, witnesses can be difficult to track down weeks later, so acting quickly is essential.
- Consult a Lawyer: Maritime law involves complex rules and strict deadlines, such as the three-year statute of limitations for Jones Act claims. Before providing a recorded or written statement to an insurance adjuster, vessel owner, or anyone representing their interests, consult with an experienced maritime law attorney who can protect your rights and guide you through the claims process.
How Does the Jones Act Protect Alabama Commercial Fishermen?
The Jones Act is a federal law that allows crew members to sue their employers for negligence if that negligence played any part, however small, in causing an injury. Unlike traditional personal injury cases, the Jones Act features a “featherweight” burden of proof, making it easier for injured fishermen to recover damages for unsafe working conditions.
To qualify as a “seaman” under the Jones Act, a worker must typically spend at least 30% of their time as a crew member on a vessel “in navigation” on navigable waters. This includes the vast majority of commercial fishing personnel working out of Mobile County and Baldwin County ports.
The protections provided under this act are comprehensive:
- Negligence Claims: If a vessel owner, captain, or operator failed to provide a safe workplace, failed to properly train the crew on safety procedures, or ignored dangerous equipment defects such as frayed winch lines, broken hydraulic seals, or malfunctioning navigation equipment, they can be held financially liable for your injuries under maritime law, specifically the Jones Act.
- Maintenance and Cure: This is an automatic and non-fault-based right provided to all seamen injured while in the service of the vessel. “Maintenance” provides a reasonable daily living allowance to cover necessary expenses like food and rent while you are recovering ashore. “Cure” mandates that the vessel owner must cover all reasonable and necessary medical expenses, including doctor visits, surgery, physical therapy, and prescription medications, until you reach maximum medical improvement (MMI).
- Full Damages: If negligence on the part of the vessel owner or employer is successfully proven in court, you can recover comprehensive compensation. This compensation includes payment for your physical pain and suffering, mental anguish and emotional distress, the cost of past and future medical care beyond the scope of “Cure,” lost wages from the time of the injury, and the loss of future earning capacity if your injuries permanently prevent you from returning to work on the water or limit your future employment opportunities.
Beyond the Jones Act, the Doctrine of Unseaworthiness provides an additional layer of security. This requires a ship owner to provide a vessel and crew that are reasonably fit for their intended use. If a rusted deck plate or an incompetent co-worker causes an accident, the owner may be held strictly liable for the resulting harm.
Understanding the Risks of Bayou La Batre and Mobile Bay Operations
The commercial fishing fleet in Alabama faces unique geographic and industrial hazards. In Bayou La Batre, known as the “Seafood Capital of Alabama,” the density of shrimping vessels and shipyards like Steiner Shipyard creates a high-traffic environment where collisions and equipment failures are common. Navigating the narrow channels of the Mobile River or the fog-prone mornings on Mobile Bay requires precise communication and well-maintained gear.
Common factors leading to liability in Alabama fishing accidents include:
- Equipment Failure: Winches, outriggers, cranes, and nets under immense tension can snap if not properly maintained, leading to catastrophic “crush zone” injuries, lacerations, or even amputation.
- Inadequate Training: Using “green” or inexperienced crew members who have not been properly briefed or certified on emergency fire suppression procedures, heavy lifting protocols, or the safe operation of complex machinery.
- Slick and Obstructed Decks: Failure to keep walkways and work areas clear of hazards such as fish waste, ice, water, oil, fishing gear, or hydraulic fluid, leading to dangerous slip-and-fall incidents.
- Weather Negligence: Captains who choose to remain in the Gulf during Gale Warnings, Tropical Storms, or high-sea states, placing the vessel and the entire crew at unnecessary and foreseeable risk of injury or death.
Whether the accident occurred near the Cochrane-Africatown USA Bridge or miles offshore in the Deepwater Horizon region, the legal framework remains centered on the vessel owner’s duty to ensure a safe environment.
Speak With Our Alabama Maritime Injury Attorneys
When an injury occurs on a fishing vessel or in a coastal shipyard, the resulting legal battle is often as complex as the Gulf environment itself. You are likely facing powerful insurance companies and vessel owners who deploy investigators to the docks within hours of an incident. At Fuquay Law Firm, we take the time to investigate the root cause of every accident, from mechanical failures in the engine room to supervisor negligence on the deck. We will help you understand your rights and chart a course toward the justice and compensation you deserve.
Contact our Mobile office today at (251) 473-4443 for a free and confidential consultation.
Frequently Asked Questions (FAQs)
How long do I have to file a lawsuit after a fishing boat accident in Alabama?
Generally, you have three years from the date of the injury to file a claim under the Jones Act or general maritime law. However, if your injury involves a government vessel or specific notice requirements, these deadlines can be significantly shorter.
Can I still recover compensation if the accident was partially my fault?
Yes. Maritime law utilizes a pure comparative negligence standard. Your total compensation is reduced by your percentage of fault, but unlike Alabama state law, you are not barred from recovery even if you were 50% or more at fault for the incident.
What is the difference between Maintenance and Cure and Workers' Comp?
Maintenance and cure is an ancient maritime right that pays for living expenses and medical care regardless of fault. Unlike state workers’ compensation, it does not prevent you from also suing your employer for negligence to recover pain and suffering.
Do I have to see the doctor my employer chooses?
Under maritime law, you generally have the right to choose your own treating physician. It is often in your best interest to seek an independent evaluation at a facility like Mobile Infirmary to ensure your recovery is the top priority.
Does the Jones Act cover injuries that happen while the boat is docked?
Yes. As long as the vessel is “in navigation,” meaning it is not permanently decommissioned, your rights as a seaman apply whether the injury occurs while actively fishing or while performing maintenance at a pier in Coden or Mobile.
Am I covered if I am a "cash" worker or un-documented deckhand?
Yes. Your legal status as a maritime worker is determined by your actual job duties and the location of the work. Everyone working on Alabama waters has a right to a safe workplace regardless of tax status or citizenship.
What is a third-party claim in a maritime case?
Can I recover damages for PTSD or emotional trauma after a vessel sinking?
Yes. In many maritime disasters, the psychological impact is as severe as the physical. You can often recover damages for mental anguish and PTSD, particularly if you were in the “zone of danger” during the event.
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After an accident at sea, in which we almost died, Richhard was able to get us physical and mental treatment, so badly needed. He also represented us and that led to a positive conclusion. Google Harry Harry Burgess World Fishing Magazine for the story of rescue and survival. I highly recommend Richard Fuquay. Honest, very ethical and knowledgeable.
Mr. Fuquay is unparalleled in the practice of labor and employment law and admiralty and maritime law. His ethical standards are above reproach. If any lawyer deserves an AV rating, it is Mr Fuquay.
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