William Kirsch v. Prekookeanska Plovidba

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting “the shipowner’s duty to inspect the ship for hazards before turning the ship over to the stevedore”
• noting that the existence of an OSHA regulation requiring the stevedore to remedy slippery conditions as they occur indicates a shipowner acts in a reasonable manner when relying upon the stevedore to comply with the OSHA regulation
• adopting a three-Justice plurality in Scindia Steam Nav. Co. v. De Los Santos, 451 U.S. 156 (1981), as the law of the circuit
• finding that the duty to warn was not relevant in that case and the only issue before the court was whether the vessel owner breached “its basic duty to provide safe working conditions by turning over a ship with an obvious hazard”
• finding that plaintiff admitted that the hazard was obvious
• “[T]he shipowner’s duty to warn the stevedore of hidden dangers necessarily implies a duty to inspect to discover those dangers”

Source: CourtListener parenthetical corpus (CC0).