Yes, the boat's owner is still the boss and is responsible. The court explained that the law strongly protects sailors. The deal between the owner and the captain was not a true, complete lease (which is called a 'demise charter'). For it to be a real lease, the captain would have needed full control of the boat as if he owned it, and the owner couldn't just take it back whenever they wanted. Because the owner still shared in the profits and could 'fire' the captain at any time, the owner was still the real employer. Therefore, the owner had to take responsibility for the worker's injuries, especially since the boat was unsafe (it had no radio or proper first-aid).

No. I don't think the agreement between the ship owner and the captain meets the requirements to make the captain an independent contractor. The ship owner still had a lot of control over the boat and how it was run, including money matters. The captain didn't have enough independence to be considered a true independent contractor. Maritime law is designed to protect sailors, so we have to be very careful about arrangements that might take away their rights. The way this boat was run is just a normal way of paying people who work on fishing boats, not a special arrangement that would free the ship owner from responsibility. So, the ship owner is still responsible for the sailor's injuries under maritime law.

No. A fishing vessel arrangement where the master operates on a 'lay' basis and hires the crew does not constitute a demise charter that relieves the vessel owner of employer liability. The law is clear that the owner of a vessel is the seaman's employer unless the vessel is held under a demise charter. This arrangement lacks the essential characteristics of a demise, which requires a complete transfer of possession and control. Here, the Shipowner shared in the expenses and profits via the lay system and retained ultimate control by having the power to terminate the arrangement at will, demonstrating that no real possessory rights were transferred to the master. The master's traditional authority to hire a crew and navigate the vessel does not create a charter. Given the strong Congressional policy to protect seamen, any ambiguities regarding employment status are resolved in the seaman's favor. Therefore, Seacost Company, Inc. is the seaman's employer and is liable for his injuries.

No. I find that the arrangement between the shipowner and the master does not meet the legal standards of a demise charter. Because the shipowner retained significant control and responsibilities, including financial and operational aspects, and because the master lacked genuine autonomy typical of a charterer, the shipowner remains liable for the seaman's injuries. This decision is grounded in the principles of maritime law that prioritize the protection and welfare of seamen. The arrangement in this case does not begin to approach the minimum requirements of a demise charter. The so-called charterer does not 'man, victual,' and supply the vessel independently. The fact that the Captain alone hires and fires the crew is of no significance, as this is a traditional role of shipmasters. The control over navigation and operation of the vessel once underway is inherent in a shipmaster's work and does not indicate a charter arrangement. Furthermore, there is no substantial duration or tenure to the arrangement, which is essential for a demise charter. The loose arrangement here cannot be identified as anything other than a means of determining fair compensation for those who take the ship to sea. Therefore, I reject the defense's contention and hold the shipowner liable under the Jones Act and general maritime law.

David Stevens v. Seacoast Company, Inc. And M/v Elena S

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