7.6 Seaworthiness Defined is a term used in maritime law to describe a ship's state of being unfit to set sail. It is generally classified into two types: actual seaworthiness and constructive seaworthiness. Actual seaworthiness describes a ship that is unfit due to a defect in its design, construction, or equipment, while constructive seaworthiness is when a ship is not fit for the purpose it was intended for due to the negligence of its crew or the owner. Seaworthiness can also refer to the condition of a ship's cargo. In all cases, it is the responsibility of the ship's owner to ensure that the vessel is seaworthy and fit to sail.
7.6 Unseaworthiness Defined
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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In most cases, seamen or their families file unseaworthiness claims against the vessel's owner, who may also be their employer. A chartered vessel is not liable under the seaworthiness doctrine, but its owner may be held liable for negligence based on the vessel's unseaworthiness.
Unseaworthiness is a term found in case law that refers to any unsafe condition occurring on a ?vessel? that causes an injury.
An ?unseaworthy? vessel is one that does not provide seamen with a safe and suitable environment to perform his/her work. A vessel is seaworthy if its ?hull, equipment, and crew are reasonably adequate? in terms of vessel design and maintenance. An unseaworthy vessel may still be able to sail and navigate.
There are three principle causes of action available to seaman who are injured or fall ill in service of the vessel: maintenance and cure, the Jones Act, and the unseaworthiness doctrine.
: not fit for a sea voyage : not seaworthy. an unseaworthy vessel.
Types of damages available on an unseaworthiness claim include loss of income, medical expenses, pain and suffering, compensation for disability, and other damages available under maritime law.
Examples of Unseaworthiness Some common examples include: Old, broken, or otherwise malfunctioning equipment or maintenance tools. Failure to inspect the boat and its equipment on a routine basis. Unsafe or missing ladders, handrails, steps, pathways or access points, or access equipment without adequate grip.