## Facts

- Joseph Kermarec boarded the S.S. Oregon, moored in New York City on navigable waters, to make a social visit to a crew member and deliver a package.
- The crew member obtained an authorized pass consistent with ship practice allowing guests aboard.
- Several hours later, Kermarec fell while descending a stairway and was injured.
- He alleged the fall resulted from the defective way a canvas runner had been tacked to the stairway.
- He sued the shipowner for personal injury, asserting negligence and unseaworthiness.

## Issues

1. Whether an injury to a social visitor aboard a vessel on navigable waters is governed by federal maritime law rather than state tort law.
2. What duty of care a shipowner owes to a lawful social visitor aboard ship, and whether common-law invitee/licensee categories control that duty.
3. Whether contributory negligence in a maritime tort is a complete bar to recovery or only reduces damages.
4. Whether the warranty of seaworthiness extends to a social visitor.

## Decision

- The Supreme Court unanimously vacated the judgment for the shipowner and remanded with instructions to reinstate the jury verdict for Kermarec and enter judgment accordingly.
- The Court held the case fell within admiralty jurisdiction and was governed by maritime law, not New York law.
- The Court held maritime law requires the shipowner to exercise reasonable care under the circumstances toward lawful visitors aboard ship.
- The Court held contributory negligence in maritime torts mitigates damages rather than barring recovery.
- The Court held the unseaworthiness claim was properly removed because the warranty does not extend to social visitors.

## Legal Principles

- A tort occurring aboard a vessel on navigable waters is within admiralty jurisdiction and governed by federal maritime standards, even if the action is brought in federal court on another jurisdictional basis.
- A shipowner owes “all who are on board for purposes not inimical to his legitimate interests” a duty of reasonable care under the circumstances; maritime law does not turn on land-based invitee/licensee status categories.
- In maritime personal-injury actions, a plaintiff’s contributory negligence reduces recoverable damages rather than operating as an absolute defense.
- The absolute warranty of seaworthiness protects seamen and certain maritime workers, but not social guests aboard ship.

## Conclusion

The Court required application of maritime law to an onboard injury in navigable waters, rejected state premises-liability status distinctions in favor of a uniform reasonable-care standard for lawful visitors, confirmed comparative fault principles for contributory negligence, and limited unseaworthiness protection to seamen and covered maritime workers.


Kermarec v. Compagnie Générale Transatlantique, 358 U.S. 625 (1959)