Oddenes v. Universe Tankships, Inc. - 188 F. Supp. 117 (S.D.N.Y. 1960)

Rule:

Even though where liability is based solely on unseaworthiness rather than negligence, the amount of damages which plaintiff suffered must be reduced in the proportion that plaintiff's own fault contributed to the happening of the accident.

Facts:

Plaintiff Oddenes, a Norweigan national, brought an action against defendant vessel owner, a Liberian corporation, to recover for personal injuries the plaintiff sustained aboard the vessel. Plaintiff was injured when a hawser tore away a section of the rail. As the hawser slipped out of the chock and smashed through the rail it struck the seaman with great force. The incident occurred shortly after the seamed rigged the spring line. In his complaint, plaintiff contended that the vessel was unseaworthy because the master was not reasonably fit for his calling. The parties stipulated that the case was governed by the non-statutory general maritime law of the United States.

Issue:

Under the circumstances, could the plaintiff recover for personal injuries sustained aboard the vessel owned by the defendant? 

Answer:

Yes.

Conclusion:

The court held that the manner in which the spring line was rigged created a condition dangerous to seamen working on the poop deck and this condition rendered the spring line as rigged unseaworthy. However, the dangerous condition which arose during the heaving operation because of the complicated rigging of the spring line could easily have been avoided. According to the court, there was no evidence that the master was not fully competent and qualified. In conclusion, the court held that plaintiff was entitled to recover, but because of his contributory negligence, he would only be entitled to receive 65% of the entire amount of the award.