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A ship is considered to be unseaworthy when it is "insufficiently or defectively equipped." Waldron v. or on notice," Martinez, 705 F.2d at 660 (citations omitted). 1099 (1946), and such liability "does not depend either on negligence. An owner's failure to provide a ship, crew, and appurtenances reasonably fit for their intended service results in "a species of liability without fault," Seas Shipping Co. Under the principles of seaworthiness, an owner has an absolute duty to furnish a ship, crew, and appurtenances reasonably fit for their intended service.
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Constellation Lines S.A., 806 F.2d 49, 52 (2d Cir.
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It concluded that "neither the lighting nor the broken cleat could have had anything to do with the accident." With regard to the under-deck heaters, the court faulted plaintiff for failure to produce "evidence that the heaters fell below any established standard of performance."īecause " 'liability based upon unseaworthiness is wholly distinct from liability based upon negligence,' " each claim in this case must be addressed under the applicable legal standard. According to that officer, the application of sand or salt would be unsafe, and the court concluded that plaintiff had produced no "evidence to indicate that a supply of sand is necessary to make a ship seaworthy under icy conditions." The court found that the broken cleat on the dock "made no difference" and that the light on board was sufficient. As to the lack of sand or other abrasive substance to combat icing on the deck, the court credited the affidavit of the officer in charge of Harbor Unit safety procedures. In granting summary judgment on the basis of Oxley's deposition and various affidavits submitted on behalf of the City, the district court examined Oxley's contentions regarding the causes of the accident.