/5.Is It Legally Acceptable to Operate a Boat That Is in Unseaworthy Condition

5.Is It Legally Acceptable to Operate a Boat That Is in Unseaworthy Condition

Ships and ships are massive structures that must be built accurately and safely. While small mistakes can be adapted and tolerated for other modes of transport such as cars, even a centimeter difference in the design of a ship can have devastating consequences. Keep in mind that applicants are not required to provide evidence that the shipowner`s negligence caused the ship`s seaworthiness to be lost. Nor do you have to prove that the shipowner even knew that the ship was not seaworthy. On the other hand, with a Jones Act claim, the opposite is true. Seafarers must prove that their injuries are expressly due to the negligence of their employer or one of their employees in order to receive compensation under the Jones Act. Under the current Hague-Visby rules, which govern the carriage of goods, shipowners must ensure seaworthiness at the beginning of the voyage. In case of damage during the trip, these can be attributed to natural or unforeseen causes, which can be covered by transport insurance. However, under the rules proposed in Rotterdam, shipowners must maintain a state of seaworthiness at all times throughout the voyage. As regards the doctrine of unnavigability, the limitation period is three years. However, there are a small handful of situations that can shorten or extend this period, which is why it`s crucial to consult a marine law lawyer well before three years have passed since the accident that injured you.

The doctrine of inability to navigate may hold shipowners liable for injuries resulting from the supply of a defective or inadequate „ship” or „accessory”. If you imagine a ship unfit for navigation, you probably imagine a rusty or decaying boat collecting water. Of course, you would be right. Such a ship would certainly be considered unfit for navigation. According to the law of the sea, however, a ship does not need to be in danger of sinking to be considered unfit for navigation. There are many circumstances on board that determine whether the ship, equipment and crew are considered operational. Due to the daily operation of the vessel, small damages often occur, which can usually be repaired without significant intervention of insurance agencies. In the case of major damage, however, it is important to first determine the reason for the damage.

In such cases, it must be proved that the ship was seaworthy and that it was not the cause of the damage that occurred. A good example of the minimum burden of proof can be found in Cortes v. Baltimore Insular Line, Inc. In defining the term „unseaworthiness”, the court concluded that the „negligent failure to comply with the shipowner`s absolute obligation to deliver a seaworthy ship reasonably suited to the intended voyage was the negligent omission that directly caused harm to the seafarer. This absolute duty of the shipowner leaves no room for manoeuvre either to the shipowners or to the owners of offshore oil platforms and production platforms. The employer must provide a safe and „airworthy” workplace, and failure to provide such a safe workplace will make the employer liable or liable for injuries to employees. Parameters such as displacement, performance, quality of materials used, quality of welds and connections, steering capacity, flood measurements, etc. are analyzed to ensure the highest standards for the final product delivered. If an aspect can be improved, manufacturers shall correct it in accordance with the relevant contractual conditions.

At one point, a seafarer was considered a „seafarer” in the sense of a maritime disability only if he had signed an employment contract with the shipowner. However, the Supreme Court changed this idea in 1946 in Seas Shipping Co. v. Sieracki when a longshoreman working for an independent contractor was injured while loading a boat at the dock. The court ruled that because the victim was „in short, a sailor, because he does the work of a sailor and attracts the dangers of a sailor.” Seas Shipping Co. v. Sieracki. The chartering of a ship involves the temporary loan of a ship to another entity or person to make a voyage. This also includes the chartering of ships to shipping companies for a limited period of time. It is the duty of the shipowner to ensure that the ship is seaworthy before being handed over to the charterer.