New Unseaworthiness Decision
A district court recently found that a winch attached to a dock is not part of a ship such that a defect in the winch could be considered a part of the ship for unseaworthiness purposes.
The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.
This decision makes sense. The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel. It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.
The decision is O'Donnell v. Jean McCausland, L.L.C., 2005 U.S. Dist. 29202, No. 04-cv-175-PB (D.N.H., November 17, 2005.
This decision makes sense. The shipowner owes a duty to provide a seaworthy ship and equipment to seamen aboard the vessel. It does not owe such a duty with respect to dock-based equipment, at least according to this recent decision.
