They are exposed to the perils of the sea and all the risks of unseaworthiness, with little opportunity to avoid those dangers or to discover and protect themselves from them or to prove who is responsible for the unseaworthiness causing the injury.
32.
They are exposed to the perils of the sea and all the risks of unseaworthiness, with little opportunity to avoid those dangers or to discover and protect themselves from them or to prove who is responsible for the unseaworthiness causing the injury.
33.
But if the same worker met death in the territorial waters of a State whose wrongful death statute did not encompass unseaworthiness ( as was the case in Moragne itself ), the survivors could not proceed under that generous standard of liability.
34.
In the Hong Kong case, the issue was not whether the unseaworthiness was " serious " or " minor "; rather the question was whether the undoubtedly serious unseaworthiness had had an effect sufficiently grave to allow the charterer to repudiate.
35.
In the Hong Kong case, the issue was not whether the unseaworthiness was " serious " or " minor "; rather the question was whether the undoubtedly serious unseaworthiness had had an effect sufficiently grave to allow the charterer to repudiate.
36.
Prior to 1944, unseaworthiness " was an obscure and relatively little used " liability standard, largely because " a shipowner's duty at that time was only to use due diligence to provide a seaworthy ship ."
37.
The uniformity concerns that prompted the Moragne Court to overrule The Harrisburg related to ships and the workers who serve them, and to the frequent unavailability of unseaworthiness, a distinctively maritime substantive concept, as a basis of liability under state law.
38.
The Court tied Petsonella Moragne's plea based on the unseaworthiness of the vessel to a federal right-of-action anchor, ( footnote 11 ) but notably left in place the negligence claim she had stated under Florida's law.
39.
Such state laws proved an adequate supplement to federal maritime law, until a series of this Court's decisions transformed the maritime doctrine of unseaworthiness into a rule making shipowners strictly liable to seamen injured by the owners'failure to supply safe ships.
40.
As my " brethren have already pointed out, the shipowner's undertaking to tender a seaworthy ship has, as a result of numerous decisions as to what can amount to " unseaworthiness ", become one of the most complex of contractual undertakings.
