Unseaworthy Vessels

A shipowner makes a contractual promise to employees working aboard the ship to provide a vessel and its appurtenances that are reasonably safe for intended use. This promise is called the warranty of seaworthiness. The shipowner is liable for injuries resulting from a breach. The Osceola, 189 U.S. 158 (1903). Mitchell v. Trawler, Racer, Inc., 362 U.S. 539 (1960).

Unseaworthiness does not require fault. It may include temporary conditions like fish slime on the deck; defective equipment or appurtenances; misuse of otherwise adequate equipment; incompetent crew; or failure to provide certain equipment or sufficient manning of crew.

Similar to negligence under the Jones Act, a violation of a safety statute may also support a finding of unseaworthiness.

See Odom, LexisNexis Practice Guide: Wash. Torts and Personal Injury, Chapter 11. (Matthew Bender, Rev. Ed.).