7.5 Unseaworthiness Claim—Elements and Burden of Proof

On the plaintiff [name]’s unseaworthiness claim, the plaintiff [name] has the burden of proving the following elements by a preponderance of the evidence:

First, the plaintiff [name] was a seaman;

Second, the [name of vessel] was unseaworthy; and

Third, the unseaworthy condition was a cause of an injury or damage to the plaintiff [name].

If you find the plaintiff [name] has proved all the elements on which [he] [she] [other pronoun] has the burden of proof, your verdict should be for the plaintiff [name]. If, on the other hand, the plaintiff [name] has failed to prove any of these elements, your verdict should be for the defendant [name].

Comment

“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. P’ship, 111 F.3d 658, 664 (9th Cir. 1997); Id. at 550.

See also Comment to Instruction 7.6 (Unseaworthiness Defined).

Revised March 2025