What conditions make a vessel unseaworthy ?
The warranty of seaworthiness extends to all parts of the vessel, including the hull, appliances, gear and equipment, even the vessel’s crew. Indeed, unfit crew members constitute just as much of a hazard as unfit gear. Temporary conditions such as oil, water, or ice on the deck may constitute transitory unseaworthiness. These conditions are often recent and there is no knowledge of the condition, either actual or constructive, on the part of the vessel owner. However, the vessel owner’s knowledge of the condition is not material to whether or not the vessel was unseaworthy. In a classic case, the plaintiff was a crew member of a fishing trawler. During the unloading of the catch, fish spawn and slime had covered the deck and railing. The plaintiff, who was attempting to get off the vessel, put his foot on the rail, slipped, and was injured. The Court held that it did not matter that the condition arose after the voyage began.
