In order for a cause of action to be brought under the doctrine of unseaworthiness, the injured party must show the proximate cause of the injury was by a defective condition of the ship or her equipment. This extends to such things as the hull, cargo handling equipment, hand tools, ropes and tackle, provisions, the method of cargo storage, the lack of certain types of equipment, and the competency and size of the crew.
The duty for seaworthiness is absolute and independent of
negligence.
The test for an unseaworthy
condition is whether the vessel or its equipment is reasonably fit for their
intended use. The shipowner is not required to prove
the vessel or her equipment were in perfect condition, nor is he required to
provide an “accident-free” ship with the latest and best equipment, merely,
that it be reasonably suited for its intended use.
The warranty of seaworthiness is owed to those
claiming seaman status and not to others such as passengers or visitors
aboard the vessel.
IMPORTANT NOTE: The terms and descriptions of terms on this page or
these pages is not meant to replace or define any policy wording or term or the
limit or enhance any meaning of any term(s) or conditions of any policy of
insurance. These comments are just that, comments and nothing more. They are
provided for you to refer to, so you can ask your insurer for an exact meaning
or explanation of the coverage you own or are contemplating purchasing. All
policies are subject to exclusions and revisions of meanings of standard terms.
Your policy covers you, and you need to ask questions now- before any loss, to
understand what you have. We are not lawyers, and we do not provide legal
opinions. We are Insurance Brokers and we provide guidance and try and help you
understand coverages and coverage issues. READ YOUR
POLICY, a boring but informative task and ask questions. Use this document to
help you ask those questions and learn from your Agent or Broker. He or she is
there to help you, if they don’t do the job, find another one.