7.5 Unseaworthiness Claim-Elements and Burden of Proof

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 7.5 Seaworthiness Claim-Elements and Burden of Proof refer to the elements and burden of proof involved in a legal claim for seaworthiness. This claim is generally made by a maritime worker who has been injured due to the seaworthiness of a vessel, and is usually brought against the vessel's owner or charterer. The elements of a seaworthiness claim are: (1) the vessel was unseaworthy; (2) the plaintiff was injured; (3) the vessel's seaworthiness was the proximate cause of the plaintiff's injury; and (4) the plaintiff was an able seaman or a passenger. The burden of proof for such a claim rests with the plaintiff, who must prove each of the elements by a preponderance of evidence. The different types of 7.5 Seaworthiness Claim-Elements and Burden of Proof include those related to the vessel's condition, the plaintiff's injury, the proximate cause of the injury, and the plaintiff's status.

7.5 Seaworthiness Claim-Elements and Burden of Proof refer to the elements and burden of proof involved in a legal claim for seaworthiness. This claim is generally made by a maritime worker who has been injured due to the seaworthiness of a vessel, and is usually brought against the vessel's owner or charterer. The elements of a seaworthiness claim are: (1) the vessel was unseaworthy; (2) the plaintiff was injured; (3) the vessel's seaworthiness was the proximate cause of the plaintiff's injury; and (4) the plaintiff was an able seaman or a passenger. The burden of proof for such a claim rests with the plaintiff, who must prove each of the elements by a preponderance of evidence. The different types of 7.5 Seaworthiness Claim-Elements and Burden of Proof include those related to the vessel's condition, the plaintiff's injury, the proximate cause of the injury, and the plaintiff's status.

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7.5 Unseaworthiness Claim-Elements and Burden of Proof