When is a carrier liable for cargo damage caused by an unseaworthy ship?

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Under maritime law, a carrier is held responsible for cargo damage if the loss or damage results from a failure to exercise due diligence to make the ship seaworthy and to ensure it is properly manned, equipped, and supplied.1

Seaworthiness refers to a vessel's fitness for a specific voyage, encompassing the condition of its hull and machinery, the adequacy of its fuel and provisions, the competence of its officers and crew, and its general suitability for the intended journey. While carriers may be exempt from liability for damage caused by certain perils of the sea or errors in navigation under the Hague Rules, this protection does not apply if the casualty is linked to the carrier's failure to maintain a seaworthy vessel.21