Section 16.21 Seaworthiness of Vessels

• Library: Tort Law 2016

2. (§16.21) Seaworthiness of Vessels

Unlike the duty of reasonable care that governs a crew’s conduct, an owner’s or charterer’s duty to provide a seaworthy vessel is absolute; liability is without fault and is not limited by negligence principles. Strict liability for the seaworthiness of a vessel is defined only by reference to the vessel’s intended voyage, the hazards likely to be encountered, and the vessel’s ability to withstand those hazards. Ark. State Highway Comm’n v. Ark. River Co., 271 F.3d 753...