FAILURE TO PROPERLY MAINTAIN A VESSEL
Harbor workers and seaman put themselves at risk on a daily basis. Malfunction or failure of a vessel or its equipment is dangerous. Regular ship maintenance is crucial. Failure to properly maintain a vessel can put its crew at risk to accidents, ill health, and even death.
A regular maintenance program is important. It can stop emergency corrective maintenance and worker injuries at sea. Maintenance should include inspections and safety checks.
Failing to properly maintain a vessel is negligence. If a ship’s poor maintenance is the cause of injury, its owner is legally liable. By law, an injured seaman has the right to compensation for medical treatment and pay.
THE DOCTRINE OF UNSEAWORTHINESS
A vessel owner has a duty to provide and maintain a seaworthy vessel. The Doctrine of Unseaworthiness is a part of General Maritime Law. It imposes the duty upon a shipowner to provide a seaworthy vessel. “Unseaworthiness” refers to a vessel or ship that cannot perform its intended functions.
A shipowner’s duty is maintaining a ship’s equipment in proper operating condition. The failure of a piece of equipment is enough to establish unseaworthiness.
Unseaworthiness does not necessarily mean that the vessel cannot sail. It is unseaworthy if it does not provide safe and suitable work environment or equipment.
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