On the plaintiff's unseaworthiness claim, the plaintiff has the burden of proving the following elements by a preponderance of the evidence:
- the plaintiff was a seaman;
- the vessel was unseaworthy; and
- the unseaworthy condition was a cause of an injury or damage to the plaintiff.
If you find the plaintiff has proved all the elements on which he has the burden of proof, your verdict should be for the plaintiff. If, on the other hand, the plaintiff has failed to prove any of these elements, your verdict should be for the defendant.
Comments to the Jury Instruction
"A shipowner has an absolute duty to furnish a seaworthy ship." Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 549 (1960). A seaworthy ship is one reasonably fit for its intended use. Ribitzki v. Canmar Reading & Bates, Ltd. Partnership, 111 F.3d 658 (9th Cir.1997).
BS&J NOTE: Unseaworthiness is a general maritime law remedy, and is distinctly different from Jones Act negligence. Experienced maritime lawyers know how to prove a vessel was unseaworthy. Types of things that render a vessel unseaworthy include improper or defective equipment, under manning, lack of proper training, improper stowage of cargo, instability, and failure to follow safety regulations and standards.
