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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234