Weekly Law Resume - May 19, 2011: Torts - Ship Owner Has No Duty to Warn Maritime Contractor Employees of Asbestos-Related Hazards Where the Maritime Employer Is Legally Charged with Knowledge of Asbe


Alan Bartholomew v. SeaRiver Maritime, Inc. Court of Appeal, First District (March 16, 2011)

Alan Bartholomew was employed between 1977 and 1980 as a marine machinist at West Winds, a maritime ship repair contractor. He was later diagnosed with asbestosis and sued the ship owner, SeaRiver, for vessel owner negligence under the Longshore and Harbor Workers' Compensation Act ("the Act").

Under the Act, a ship owner is required to turn over its ships to maritime contractors in a reasonably safe condition. A ship owner must warn of any hidden or latent hazards relating to the ship's gear, equipment, tools and work space used in maritime contractor repair operations.

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