(310) 773-5207
If you have been injured in a maritime accident, whether you were a worker on the boat or on another watercraft, you may be entitled to financial compensation. A maritime accident lawyer at The Law Offices of Preston Easley APC can work to hold the responsible party accountable.
There are international rules for a ship’s lookout that also apply in domestic United States waters. The lookout’s role is not a haphazard one, and it is one that must be taken seriously. The lookout is one or more people, who use both their own sight and senses and technology to alert the captain to potential dangers.
If you have been involved in a boating accident, do not navigate the legal aftermath alone. Contact an experienced maritime accident lawyer at The Law Offices of Preston Easley APC today to protect your rights, investigate the cause, and pursue the compensation you deserve. We offer free consultations.
There Are International Rules That Govern a Lookout’s Job
The lookout’s role on a vessel has come into more focus recently, in light of several high-profile ship accidents in the United States. The lookout performs a critical duty in helping the ship’s captain avoid hazards in the water and a potential crash. If the lookout does not perform their job with due care, it places everyone in the vicinity of the boat in the water in jeopardy.
There are rules that may apply to ship traffic in and out of United States ports. When the boat is traveling on what is considered to be the “high seas,” the International Regulations for Preventing Collisions at Sea (also known as COLREG) apply. According to COLREG Rule 5:
“Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.”
COLREG rules would require a physical lookout. This person stands on the ship’s bridge and conveys information to the captain about any potential hazards on the water. Even smaller vessels need some form of lookout, since the rule applies to “every vessel.” The lookout would be responsible for alerting the ship’s captain of the following:
- Obstacles in the water
- Other ships in the vicinity
- Distress calls from other boats
- Navigational marks or lights
- Problems with the ship’s navigation systems
Ships should also deploy technology to alert the captain. The technology should be used in addition to human efforts from the lookout. The captain should have numerous means to alert them of any potential hazards. The lookout cannot simply defer to the technology and not perform their own job because it would be negligent.
There are rules similar to COLREG that apply, even when the ship is not on the high seas. For example, the Code of Federal Regulations explicitly states that a vessel complies with domestic requirements when it follows the COLREG.
Depending on the size of the ship, there may be even more than one lookout assigned. The lookouts should have sufficient training that would allow them to properly perform their role. It would be up to the boat’s owner or operator to properly select the lookouts and ensure that they have suitable training. A captain cannot simply take just anyone and assign them lookout duties.
How a Lookout May Fail to Perform Their Own Duties
The lookouts must exercise due care at all times to help the ship’s captain avoid collisions. The lookout could be considered negligent when they do the following:
- Fail to properly assess another vehicle’s course and accurately plot their movements (which is perhaps the most crucial function that a lookout would perform)
- Not promptly alerting the ship’s captain of other vessels or hazards in the water
- Over-reliance on electronic navigation devices, as opposed to using their own viewpoint and perspective (the lookout should use a combination of these two methods)
- Not having the proper awareness of their surroundings that can include other ships and hazards
- Failing to maintain a proper channel of communication with the ship’s captain
If the lookout fails to perform their role, their negligence can raise the risk of a collision or the ship running aground. Further, the ship may need to make sudden and unexpected movements that could raise the risk that a seaman could slip and fall or even go overboard. Lookout negligence can be the basis of the lawsuit against the boat’s operator.
Contact a Maritime Accident Law Firm Today
If you have been injured in an accident on a boat, reach out to the experienced maritime accident lawyers at The Law Offices of Preston Easley APC. Our Hawaii and California maritime law attorneys can help determine whether you may be eligible for financial compensation. You can schedule a free initial consultation with an attorney by filling out an online contact form or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
