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WHAT IS CONSIDERED UNSEAWORTHY

Conditions that rise to the level of Unseaworthiness

For a vessel to be seaworthy, it must reasonably fit for its intended use, but this does not mean it is expected to be accident-free.  Courts have held this standard in order to provide maximum protection to seamen, while also being fair to vessel owners.  After all, by the very nature of their jobs, seamen have assumed being exposed to some level of risks, even on the most carefully maintained vessel.

But the reasonableness standard in this case is quite broad.  It does not require that a condition be the fault of the ship owner, and it also allows for conditions that might arise mid-voyage.  Also, the duty to provide a seaworthy vessel is non-delegable, meaning that the responsibility can not be assigned away.  Unsafe conditions created by a third party, without the shipowner’s knowledge, can also create unseaworthy conditions.

However, what might be considered an unseaworthy condition in one scenario can be considered reasonably safe in another.  Water on deck during the cleaning of the ship would be considered acceptable, but water on deck during dry weather, long after cleaning has ceased, might be unseaworthy.

It may also be helpful to consider that a simple act is not enough to qualify a vessel as unseaworthy; the act must rise to the level of a condition.  Once the situation is deemed a condition, courts will balance the risk of the condition against its usefulness, and consider the condition unseaworthy when the risk outweighs its use.

These are highly fact-specific determinations, and only an experienced attorney can help you establish a case that will cover every avenue of recovery.

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