265. Burden of proof of unseaworthiness.

265.     Burden of proof of unseaworthiness.

The burden of proving unseaworthiness rests on the shipper or other cargo-interest bringing a cargo-claim against the carrier1. The fact that the ship admits water or sinks shortly after putting to sea, without there being any storm or other external factor to account for her condition or loss, is prima facie evidence of unseaworthiness, and shifts to the shipowner the evidential burden of showing some other cause2. If, however, the shipowner proves that the damage was caused by a matter falling within the exceptions, the cargo owner must prove