A Pilot is a Pilot: Compulsory Pilots—Vessel Owner's Responsibilities for Intervention and Personal Injury

Article by Guy C. Stephenson

Although in the United Kingdom the pilot has its own status, American law has failed to recognize the pilot as independent from the vessel's officers and crew. This Article examines two consequences of the American approach to the pilot. First, it explores the master's duty to intervene when the pilot is behaving incompetently. Second, it examines the remedies available to the pilot under the Jones Act, the LHWCA, and under the warranty of seaworthiness. The Article concludes that the pilot should be considered an independent contractor, separate from master and crew, and should have his duties and remedies parceled accordingly.


About the Author

Guy C. Stephenson. Shareholder, Schwabe, Williamson, & Wyatt, Portland, Oregon. B.A. 1973, Willamette University; J.D. 1977, Summa Cum Laude, University of Santa Clara.

Citation

70 Tul. L. Rev. 633 (1995)