Legal Opinion
Howlett v. Birkdale Shipping Co., S.A.
Supreme Court of the United States
Decided June 13, 1994No. 93-670PublishedCited by 199 opinions
1Opinion of the CourtJustice Kennedy
Under § 5(b) of the Longshore and. Harbor Workers’ Compensation Act, 33 U. S. C. § 905(b), a shipowner must exercise ordinary care to maintain the ship and its equipment in a condition so that an expert and experienced stevedore can load and unload cargo with reasonable safety. As a corollary to this duty, the shipowner must warn the stevedore of latent hazards, as the term is defined in maritime law, that are known or should be known to the shipowner. This case requires us to define the circumstances under which a shipowner must warn of latent hazards in the cargo stow or cargo area.
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2Cases cited21 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
16 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- Denise Thomas & Willie Lavon Thomas v. Newton International Enterprises Southern Shipping Management (Chile) Ltd.Court of Appeals for the Ninth Circuit · 1994
- Gerard O'Hara and Lisa O'Hara v. Weeks Marine, Inc. And Collazo Contractors, Inc.Court of Appeals for the Second Circuit · 2002
- Keller v. United StatesCourt of Appeals for the First Circuit · 1994
- John Serbin v. Bora Corp., Ltd.Court of Appeals for the Third Circuit · 1996
- Maestas v. SeguraCourt of Appeals for the Tenth Circuit · 2005
194 more not listed; retrieve them via the Exa API.