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Legal Talk: Unseaworthiness
| 题名： | Legal Talk: Unseaworthiness |
| 正文语种： | eng |
| 作者： | DANIEL J.HOERNER |
| 作者单位： | Bland Legrand &Brackett LLC. |
| 摘要： | If you ask the average person on the street what a "seaworthy" vessel is, the person will probably say that a boat is seaworthy if it doesn't leak, doesn't have holes in the hull, or is capable of sailing without sinking. A common perception of an unseaworthy vessel is the S.S. Minnow, a fictional charter boat from the hit 1960s TV show Gilligan's Island that washed up on a tropical island beach. But on the water and in the law, the meaning of unseaworthiness is far broader. In general, a vessel is seaworthy if it and its appurtenances are "reasonably fit for their intended purposes." This very subjective standard is open to interpretation and has been at the heart of maritime litigation for well over a century. The concept of seaworthiness as a cause of action in personal injury suits dates back to The Osceola, a 1903 Supreme Court case that first recognized that a shipowner has a legal duty to provide a seaworthy vessel for the benefit and safety of its crew. Since then, shipowners, crewmembers, lawyers, and judges have clashed over what is and isn't considered unseaworthiness. |
| 出版年： | 2022 |
| 期刊名称： | Work Boat |
| 卷： | 79 |
| 期： | 3 |
| 页码： | 14-14 |
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