Written by attorneys · grounded in primary & secondary sources — see below
A watercraft or other artificial contrivance used or capable of being used as a means of transportation on water. The structure must have a reasonable purpose of transporting passengers, cargo, or equipment across navigable waters to qualify under maritime statutes and rules.
Sources & Authorities
How it applies
Common Examples
6
Interstate Vessel Duty Dispute
Vivian Velez owns a cargo vessel traveling from State X to State Y with goods. State Y attempts to require the vessel to clear customs and pay duties upon arrival. The constitutional prohibition prevents State Y from imposing those requirements because the vessel is engaged in interstate movement between existing states.
Foreign Arbitration Clause Enforcement
Vance Vogel charters a vessel from Voss Shipping for international cargo transport. A dispute arises over damaged goods and the contract contains a foreign arbitration clause. The court enforces the clause because the vessel transaction is a freely negotiated commercial agreement between sophisticated parties.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Study Supplements
Dictionaries
Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer515 U.S. 528 (1995)
Wrongful Death on Vessel
Vito Villarreal works aboard a vessel owned by Velocity Logistics. He dies from injuries sustained while the vessel is docked. His estate brings a claim under general maritime law seeking recovery for the death caused by the vessel's unseaworthy condition.
Moragne v. States Marine Lines, Inc.398 U.S. 375, 90 S.Ct. 1772, 26 L.Ed.2d 339
Punitive Damages After Vessel Spill
Veronica Varela sues Exxon Shipping after its vessel runs aground and spills oil. The company seeks to limit punitive damages under maritime law. The court caps the award at a ratio tied to the vessel owner's compensatory liability for the spill.
Exxon Shipping Co. v. Baker554 U.S. 471 (2008)
Forum Selection on Vessel Tow
Victor Vargas contracts with a German company to tow his vessel from the Gulf of Mexico to Europe. The agreement selects a London forum for disputes. The court enforces the clause because the vessel towage deal is an international commercial transaction negotiated at arm's length.
The Bremen v. Zapata Off-Shore Co.407 U.S. 1 (1972)
Cruise Vessel Forum Clause
Valerie Voss purchases a ticket for a cruise on a Carnival vessel. The ticket contains a forum selection clause requiring suits in Florida. The court upholds the clause even though it was not individually negotiated because the vessel passenger contract is a standard commercial arrangement.
Carnival Cruise Lines, Inc. v. Shute499 U.S. 585 (1991)
Common questions
Frequently Asked
3
What statutory definition controls whether a structure qualifies as a vessel?+
Congress defines vessel to include every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on water. Courts apply this definition to determine eligibility for maritime liens, limitation of liability, and seaman status under the Jones Act.
Supporting sources
Does a structure permanently moored to shore qualify as a vessel?+
No. A structure must be capable of being used as a means of transportation on water. Permanent mooring without any reasonable transportation purpose removes it from vessel status under maritime law.
Supporting sources
How does vessel status affect limitation of liability proceedings?+
Only the owner or demise charterer of a vessel may invoke limitation of liability. The owner must deposit security equal to the vessel's value plus pending freight to limit exposure to maritime claims arising on a voyage.
Supporting sources
454 U.S. 235 (1981)Conflict of Laws
…in Canada Malting Co. v. Paterson Steamships, Ltd. , 285 U. S. 413 (1932). That case arose out of a collision between two vessels in American waters. The Canadian owners of cargo lost in the accident sued the Canadian owners of one of the vessels in Federal District Court. The cargo owners chose an American court in…