Legal Definitions - shipowner-negligence doctrine

The shipowner-negligence doctrine is a legal principle that establishes when a shipowner can be held responsible for an assault committed against one of their crew members.

This doctrine applies under specific conditions:

• The assault must have been committed by a superior officer or crewmate against a subordinate.
• The assault must have occurred while the individuals were engaged in activities that benefit or are part of the ship's operations or business.
• Crucially, the ship's officers or management must have been able to reasonably foresee that such an assault might occur. This means they knew, or should have known, about a risk that was not adequately addressed.

Essentially, if a shipowner fails to prevent a foreseeable assault by a superior acting within the scope of the ship's business, they can be held accountable for the resulting harm.

Here are some examples to illustrate this doctrine:

• Example 1: Known Aggressive Behavior

  A ship's captain has a documented history of verbally abusing and occasionally physically intimidating junior officers, particularly when under pressure during complex docking procedures. Despite receiving multiple complaints, the shipowner takes no disciplinary action and continues to employ the captain. During a particularly challenging docking, the captain, frustrated by a junior officer's mistake, shoves the officer, causing them to fall and sustain an injury. In this scenario, the shipowner could be held liable under the shipowner-negligence doctrine because the assault was committed by a superior (the captain), occurred during a ship's business operation (docking), and was reasonably foreseeable given the captain's known aggressive tendencies that the shipowner failed to address.

• Example 2: Failure to Intervene in a Hostile Environment

  On a cargo vessel, the chief engineer frequently bullies and harasses the junior engineers, often making physical threats and occasionally pushing them during heated arguments in the engine room. Several junior engineers report this behavior to the first mate, who is responsible for overseeing the engine room crew, but no action is taken. One day, during a critical engine repair, the chief engineer violently shoves a new recruit who makes a minor error, causing the recruit to hit their head. Here, the shipowner might be liable because the assault was by a superior (chief engineer), happened during a ship's business activity (engine repair), and was foreseeable due to the chief engineer's established pattern of behavior and the failure of other officers to intervene.

• Example 3: Negligent Supervision of a Troubled Crew Member

  A ship's bosun (a senior deck crew member) has recently been exhibiting signs of severe stress and paranoia, making crew members uncomfortable. The ship's first officer observes the bosun frequently arguing aggressively with subordinates over minor issues and hears rumors of the bosun threatening a deckhand. The first officer reports these concerns to the captain, suggesting the bosun might need to be relieved of duty or receive psychological evaluation, but the captain dismisses the concerns. Later, while supervising a mooring operation, the bosun suddenly attacks a deckhand, believing the deckhand was intentionally sabotaging the lines. The shipowner could face liability because the assault was by a superior (bosun), occurred during a ship's business (mooring), and was foreseeable given the bosun's recent behavior and the captain's disregard for the first officer's warnings.