Jones Act and Unseaworthiness Expert Witness
Plaintiff firms write plenty about what the Jones Act says. Fewer people explain what a vessel operations expert examines. In a seaman injury case, the operational questions usually decide it. Was the crew trained for this task? Was someone supervising? Was the vessel properly manned? Did the company's procedures match what happened on deck?
Captain Stoller reviews those questions against industry custom and practice, the vessel's own safety management system, and the regulations in force at the time.
Issues Captain Stoller evaluates
- Training and familiarization for the task that caused the injury
- Supervision of unlicensed crew, and the chief mate's role in assigning work
- Manning levels, work and rest hours, and fatigue
- Job safety analysis and risk assessment before the task
- Housekeeping, deck surfaces, and the condition of gear
- Whether the vessel and its equipment were reasonably fit for the work
- Injury reporting to the Coast Guard (46 CFR 4.05 and Form CG-2692)
- Company policy manuals compared with actual practice
- Jones Act negligence and unseaworthiness
- The maritime standard of care: what a reasonably prudent operator would have done
Why his background fits
He supervised deck crews as a chief mate and answered for them as a master. He knows what a properly run deck department looks like and what records it should produce.
Documents to gather
Deck logs, crew list and licenses, training records, job safety analyses, SMS procedures, accident and CG-2692 reports, safety meeting minutes, witness statements.
Common questions
Does a vessel have to perform a job safety analysis before every task?
Many safety management systems require a hazard review for nonroutine or high-risk work. What this company's own system required is the place to start.
Does he testify on medical issues?
No. His opinions cover vessel operations, training, supervision, and industry standards.
Can the company's own manual be used against it?
A company's written procedures are often the clearest statement of the standard it set for itself.