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This case went all the way to the U.S. Supreme Court and developed a modern precedent for what makes up seaworthiness and affordable care.  The Latest Info Found Here . Mitchell slipped on a staircase aboard the fishing trawler Racer when he came across slime on the hand rails. He sued on the basis of neglect and of the ship's unseaworthiness.

A jury sided with both celebrations, permitting Mitchell to gather on standard maintenance and treatment for negligence, as supplied by the Jones Act, however ruling for the offender on the charge of unseaworthiness. Mitchell appealed the judgment, charging that the administering judge was in mistake when he instructed the jury that in order to rule for the complainant's petition for unseaworthiness, the accused needed to have known about the slime on the hand rails and picked not to resolve it.

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However when the case ultimately reached the U.S. Supreme Court, the case was reversed. In composing the viewpoint of the court, Associate Justice Potter Stewart stated that a ship owner's responsibility to provide a seaworthy vessel goes beyond simply using sensible care, and that a temporary condition that renders a vessel unseaworthy does not ease the owner from liability.

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He had actually been using the manual crank to release the winch, which had actually become stuck. The crank handle struck Gautreaux in the eye and face. Gautreaux took legal action against Scurlock Marine for negligence and failure to supply a seaworthy vessel, saying he had actually not been properly trained in using the manual crank.

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They stated he must have worked out much better take care of his own security. According to the Jones Act, a seafarer need workout only "slight care" for his own safety, while his employer is held to a much higher requirement to ensure a safe workplace. Scurlock's attorneys argued that the court had blindly followed an inaccurate statement of the law.