Cruise Ship Law

PETITION OF CAPE FEAR, INC., FOR EXONERATION FROM OR LIMITATION OF LIABILITY, CIVIL AND MARITIME

CIVIL ACTION NO. 99-11312-REK
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
2001 U.S. Dist. LEXIS 21904
December 20, 2001, Decided

PRIOR HISTORY: None.

DISPOSITION: [*1] Cape Fear's Petition for Exoneration DENIED.

PROCEDURAL POSTURE: After the vessel sank, petitioner vessel owner petitioned the court for exoneration from or limitation of liability.

OVERVIEW: The claimants asserted that the vessel was unseaworthy at the commencement of the voyage and became more so as conditions of the vessel and the seas developed during the latter stages of taking clams aboard. The court found that as the captain started the return to port the vessel was unseaworthy because it was substantially overloaded with clams in cages, a practice that had become common on the vessel. A significant portion of the cages of clams were stacked on deck so as to place the center of gravity of the loaded vessel higher than was safe. At that time the sea had already become rough in weather that predictably would produce rougher seas en route to port. These conditions made it highly likely that the vessel would sink and that before settling to the bottom it would roll, creating a very high risk not only of loss of the vessel and cargo but as well loss of life of one or more persons among the captain and crew.

OUTCOME: The vessel owner's petition for exoneration was denied