Why can a maritime carrier be liable if a ship was not seaworthy?
In maritime law, a carrier is held responsible for cargo loss or damage if it results from a failure to exercise due diligence to ensure the ship is seaworthy.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, and the quality of its officers and crew. Under the Hague Rules, while carriers may be exempt from liability for losses caused by perils of the sea or errors in navigation, this protection does not apply if the casualty is linked to the carrier's failure to properly man, equip, supply, or maintain the vessel. Consequently, if a ship is not seaworthy due to such negligence, the carrier remains liable for the resulting damage to the cargo.21