Copyright 2007 - Copyright Warning - Violators Will Be Prosecuted
Rights reserved  - U.S. Copyright Law Carries Criminal & Civil Penalties for
Infringement  - 17 U.S.C. § 506 and 18 U.S.C. § 2319
U.S. Department of Labor - These are contact
numbers for Dept of Labor Offices that maintain
regional employment, unemployment, wage

ALASKA - Juneau, AK - (907) 465-4518
ARIZONA - Phoenix, AZ - (602) 542-3871
ARKANSAS - Little Rock, AR - (501) 682-4500
CALIFORNIA - Sacramento, CA - (916) 262-2160
COLORADO - Denver, CO - (303) 318-8898
CONNECTICUT - Wethersfield, CT - (860) 263-6255
DELAWARE - Wilmington, DE - (302) 761-8052
DISTRICT OF COLUMBIA - (202) 671-1633
GUAM - Tamuning, GU - (671) 475-7062
HAWAII - Honolulu, HI - (808) 586-8996
IDAHO - Boise, ID - (800) 772-2553
ILLINOIS - Chicago, IL - (312) 793-2316
INDIANA - Indianapolis, IN - (317) 232-7460
IOWA - Des Moines, IA - (515) 281-0255
KANSAS - Topeka, KS - (785) 296-5058
KENTUCKY - Frankfort, KY - (502) 564-7976
LOUISIANA - Baton Rouge, LA - (225) 342-3141
MAINE - Augusta, ME - (207) 287-2271
MARYLAND - Baltimore, MD - (410) 767-2250
MASSACHUSETTS - Boston, MA - (617) 626-6556
MICHIGAN - Detroit, MI - (313) 456-3090
MINNESOTA - St. Paul, MN - (651) 282-2714
MISSISSIPPI - Jackson, MS - (601) 321-6261
MISSOURI - Jefferson City, MO - (573) 751-3609
U.S. Department of Labor - These are contact
numbers for Dept of Labor Offices that maintain
regional employment, unemployment, wage
NEVADA - Carson City, NV - (775) 684-0387
NEW HAMPSHIRE - Concord, NH - (603) 228-4123
NEW JERSEY - Trenton, NJ 08625 - 609 292-0099
NEW MEXICO - Albuquerque, NM - (505) 222-4683
NEW YORK - Albany, NY - (518) 457-6369
NORTH CAROLINA - Raleigh, NC - (919) 733-2936
NORTH DAKOTA - Bismarck, ND - (701) 328-2868
OHIO - Columbus, OH - (614) 752-9494
OKLAHOMA - Oklahoma City, OK - (405) 557-7265
OREGON - Salem, OR - (503) 947-1212
PENNSYLVANIA - Harrisburg, PA - (717) 787-3266
PUERTO RICO Hato Rey, PR - (787) 754-5340
RHODE ISLAND - Cranston, RI - (401) 462-8767
SOUTH CAROLINA - Columbia, SC (803)
737-2660SOUTH DAKOTA - Aberdeen, SD - (605)
TENNESSEE - Nashville, TN - (615) 741-2284
TEXAS - Austin, TX -
UTAH - Salt Lake City, UT - (801) 526-9401
VERMONT - Montpelier, VT - (802) 828-4153
VIRGIN ISLANDS-Charlotte Aml, VI -340 776-3700
VIRGINIA - Richmond, VA - (804) 786-7496
WASHINGTON - Lacey, WA - (360) 438-4804
WEST VIRGINIA - Charleston, WV - (304) 558-2660
WISCONSIN - Madison, WI - (608) 267-2393
WYOMING - Casper, WY - (307) 473-3807
Maritime Law - Other Legal Theories - Product Liability - Strict Liability
Maritime Jobs - Marine Jobs - Deckhands - Tankermen - Able Seaman - Maritime Jobs - Deck Engine - Employment in the Maritime
Industry - Work on Ships - Yachts - Tugboats - Cruise Ships
Maritime Law - Other Legal Theories
Product Liability and Strict Liability
Negligence and unseaworthiness are often used when an injured seaman brings a legal
action to recover money damages for an injury. The Jones Act has become so closely
associated with a lawsuit based on negligence that many people often call a maritime
negligence case a Jones Act case. But there are other theories of recovery for a plaintiff
who has sustained injuries, whether working in a maritime job as a seaman or other class
of employee.

Product liability is a legal theory based on a product being defective. Legally, for a product
to be defective, it means that a piece of equipment or other product did not perform its
function safely as ordinarily expected, or that the equipment or product could have been
made safer in an economic manner. Back to page with general information about
Negligence and Unseaworthiness.

Something can be defective in one of three ways. It can be:

Defectively manufactured - Think of a metallurgical defect in steel cable. If the defect results
in reduced tensile strength, and that defect is causally related to a maritime employee
injuring an ankle because the cable snapped, the legal theory would be product liability
based upon a manufacturing defect.

Defectively designed - Think of a designer or engineer selecting an improper class of
electric motor. If the motor should have been rated for immersion, but it was only specified
to be operational in an environment only subject to drips, and as a result of that, someone
is injured from electric shock. It might mean an engineer specifying too small a diameter of
cable to carry a certain amperage, and as a result, a fire results. These are examples of
how a defective design gives rise to a product liability lawsuit.

Defective Because of a Failure to Warn - This situation can arise if a product fails to carry
warnings about its hazards. For instance, many of the specialized coatings used in the
marine industry require extensive warnings regarding their risk. These should appear on
the sides of the containers as well as being contained in MSDS’s (material safety data
sheets). These types of toxic and dangerous coatings will ordinarily require respiratory
protection and other protective clothing and equipment, as well as instructions as to what
to do in the event accidental contact with eyes, skin, inhalation, or ingestion.

Strict liability is another legal theory, where a defendant is strictly liable for the injuries
resulting from extremely hazardous things like wild animals or explosives. An injured
plaintiff wouldn’t need to demonstrate that the defendant was negligent (as in breaching a
standard of care owed to a plaintiff), but only that injuries arose as a result of the extremely
hazardous thing.
What does a boating accident involving a kite tube water toy have in common with
smokers contracting lung cancer? They both resulted in lawsuits based on product
liability law. The kite tube lawsuits were for personal injury and wrongful death in the use
of the product. The tobacco lawsuits were class action suits based on "failure to warn".
In a product liability lawsuit, the plaintiff claims that the defendant introduced a defective
product based on defective manufacture, defective designed of failure to warn.
Product liability is a widely used legal theory, being applied in the lawsuits for prescription
drugs such as celebrex, vioxx, ephedra, baycol as well as lawsuits for asbestos exposure
resulting in lung cancer and mesothelioma in shipyard workers.
If an injury arises because of a
metallurgical defect in the shaft of an
axial compressor on a gas turbine
ship, how does the law handle that?
Is it negligence? Is it a defective
product? The distinction can make a
difference in who the injured
employee has recovery against...the
employer or the manufacturer, and
what the employee needs to prove.
Read more about product liability
Source - NASA