Article by Louis J. Gusmano
The right of a seaman to recover for injury has developed extensively from the initial remedy that allowed the seaman to sign off an unseaworthy vessel without penalty but restricted liability of the shipowner to maintenance and cure and unearned wages. The Osceola, decided by the United States Supreme Court in 1903, was the first pronouncement by our highest Court ruling that damages are recoverable by a seaman for injury "in consequence of the unseaworthiness of the ship, or a failure to supply and keep in order the proper appliances appurtenant to the ship." This decision, however, made it clear that no recovery of damages could be obtained against the shipowner founded upon the negligence of the master or any member of the crew. The next year, the United States Supreme Court in The Iroquois noted one exception to that rule: damages were recoverable against the shipowner for the master's negligent failure to divert his vessel and provide proper medical treatment after a seaman's injury. Beyond this single exception, it required congressional passage of the Jones Act, in 1920, to expand seamen's rights to include recovery of damages for injuries suffered as a consequence of the negligence of shipowner employees, including the master or other crew members. By a subsequent series of decisions starting in 1946, however, the remedy of unseaworthiness has been so broadly extended that the need today for a remedy based upon negligence is limited. The continuing, non-delegable and absolute obligation, irrespective of fault, to provide a seaworthy vessel has been expanded beyond the hull and its appurtenances to include personnel of the vessel, equipment and appliances brought aboard by others, clothing and transitory conditions. Operational negligence, however, remains excluded.
This article will treat the highlights in the development of this field of maritime law, including rights of seamen to recover for personal injury arising from unseaworthiness, negligent failure to divert and provide proper medical treatment and the Jones Act. The article will also discuss burdens of proof, remedies under United States law available to foreign seamen injured on foreign vessels, statutes of limitations, maritime liens, charterers' liability and recoverable damages. The conclusion advances the merits of adopting a fair workmen's compensation statute as an alternative to the seaman's recovery of damages for personal injury.
About the Author
Louis J. Gusmano. LL.B., LL.M., St. John's University; Director; American Steamship Owners Mutual Protection and Indemnity Association, Inc.; Member of the New York Bar.
Citation
55 Tul. L. Rev. 1029 (1981)