Article by John B. Shields
Maintenance and cure is a time-honored right granted by the general maritime law to seamen who become ill or injured in the service of the ship. It is a right as old as maritime law itself and has been recognized for centuries by most all seafaring nations.
History
The origins of the seaman's right to maintenance and cure have been traced back to medieval sea codes. These codes, among which were the "Laws of Oleron," "Tables of Amalphi," "Maritime Ordinance of France" and "Good Customs of the Sea" were compiled into The Black Book of the Admiralty. This book was for the use of the Lord High Admiral and first appeared in 1338.
The concept of maintenance and cure was first recognized in this country by Justice Story. In Harden v. Gordon, Justice Story referred to maintenance and cure as "wages in another form." He determined that the expenses incurred by a sick seaman in the course of the voyage would be a charge on the ship by maritime law. Justice Story was of the opinion that by holding the ship responsible for the welfare of its crew, a higher degree of precaution and safety would be maintained.
Justice Story extended the concept of maintenance and cure in the case of Reed v. Canfield, wherein he defined "in the service of the ship." He stated that the ship was responsible for the health and well-being of its crew from the time the shipping articles were signed until the discharge of the crew at the end of the voyage. Maintenance and cure today is fully recognized and implemented as an implied provision in contracts of marine employment.
About the Author
John B. Shields. LL.B. 1949, Fordham. Member of the New York Bar.
Citation
55 Tul. L. Rev. 1046 (1981)