Seaworthiness
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue seaworthiness:
Hopkins
v. Jordan Marine, Inc.
First Circuit Court of Appeals
October 29, 2001
Jones Act/Seaworthiness: although the
district court at one point told the jury: "If you find that the plaintiff's
alleged injuries were the result of his failing to observe an obvious condition,
you will find for the defendant," this was not an impermissible instruction
based on the doctrine of "assumption of the risk"; the sentence does not
say that assumption of an obvious risk is a defense to unseaworthiness
or negligence on the part of the shipowner, but said that a ship is not
unseaworthy or an owner negligent merely because the owner does not anticipate
that a crew member will behave negligently.
Jackson
v. OMI Co.
Fifth Circuit Court of Appeals
April 4, 2001
Jones Act/Seaworthiness: the district
court's findings that the vessel owner was negligent and that the vessel
was unseaworthy were clearly erroneous since there was no evidence to support
such findings where the plaintiff seaman had stumbled over a hatch coaming
and fallen simply because he did not pick his feet up high enough; the
district court's finding that the vessel was unseaworthy for lack of a
handhold at the doorway was clearly erroneous since the evidence showed
that the design of the doorway in question was dictated by federal regulations,
there was no evidence indicating where such a handrail might be placed
or that the installation of a handrail would reduce accident rates and
the record was uncontroverted that crew members passing through the doorway
can use the usual structural members ordinarily found on vessel passageways
as steadying points.
Folger
Coffee Co. v. Olivebank
Fifth Circuit Court of Appeals
February 3, 2000
General Average: the vessel was seaworthy
under COGSA at the commencement of the voyage, thus cargo interests had
no defense to vessel's general average claim; Seaworthiness:
open
skylight and vent covers allowing entry of sea water that caused the emergency
electrical system to fail constituted an error in management of the ship,
not unseaworthiness.
Perkins
v. American Electric Power
Sixth Circuit Court of Appeals
April 6, 2001
Jones Act: the district court erred
in denying plaintiff recovery since he proved vessel negligence by establishing
that defendants knew of the risk that the ratchet he was using at the time
of his injury could fail and also knew that a seaman could fall from the
tow knee where he was working since another seaman on the tug and barge
had fallen from the tow knee one month earlier, nevertheless defendants
failed to adequately guard against these risks; Seaworthiness: the
district court also erred in denying plaintiff recovery based on unseaworthiness
since he proved that defendants failed to provide vessel equipment, in
this case a ratchet, reasonably fit for its intended purpose and failed
to provide adequate safety equipment, such as a safety rope, for his safety.
Britton
v. U.S.S Great Lakes Fleet
Eighth Circuit Court of Appeals
September 9, 2002
Maintenance and Cure: Where a seaman
is required to provide pre-employment
medical information, and he intentionally
misrepresents or conceals material medical facts, he is not entitled to
an award of maintenance and cure if the injury incurred is causally linked
to the concealed medical condition. However, the employer must show that
the non-disclosed medical information was material to its decision to hire
the seaman to successfully defend against maintenance and cure. Since there
was an issue of fact in this case whether the non-disclosed condition was
material to the owner's decision to hire plaintiff, the district court
erred in dismissing plaintiff's claim on motion for summary judgment. Seaworthiness:
Unseaworthiness is a claim under general maritime law based on the vessel
owner’s duty to ensure that the vessel is reasonably fit to be at sea.
The warranty of seaworthiness requires that the ship, including the hull,
decks, and machinery, be reasonably fit for the purpose for which they
are used. Plaintiff's allegation that the vessel was unseaworthy because
there was a shortage of crew available to open the stairwell covers and
vent hatches, which lead to his having to perform those tasks alone resulting
in his back injury, was sufficient to raise an issue of fact to be resolved
by a jury. Jones Act: Plaintiff's allegation that the health care
provider assigned by the owner failed to exercise due care when reassigning
plaintiff back to work was a sufficient allegation of Jones Act negligence
to be resolved by a jury.
Arkansas
State Highways Comm. v. Arkansas River Co.
Eighth Circuit Court of Appeals
October 16, 2001
Seaworthiness/Casualties/Charter Parties:
because the United States Army Corps of Engineers ("Corps"), the owner
of the barge, tendered the barge to the tug's captain with a boom that
was unobviously raised such that it could not pass safely under a Mississippi
River bridge, the barge was unseaworthy on delivery and the Corps was 100%
liable for the resulting damages.
In
re Marine Asbestos Cases
Ninth Circuit Court of Appeals
September 10, 2001
Jones Act/Maintenance & Cure/Seaworthiness:
plaintiff
seamen, none of whom had been diagnosed with an asbestos-related medical
condition, had no claim under the Jones Act or under the doctrines of seaworthiness
and maintenance & cure for the costs of medical monitoring that would
provide each plaintiff with a single baseline medical examination. |