St. Thomas Law Review
First Page
248
Document Type
Article
Abstract
Defining the term "vessel," while seemingly inconsequential at first blush, is an essential preliminary inquiry in almost any maritime law dispute. In Lozman v. City of Riviera Beach, Florida. the Supreme Court's latest pronouncement on what it means to be a vessel, the Court inserts a "reasonable observer" standard and a "designed to a practical degree" element into the vessel inquiry, which may upset long-settled law in admiralty. Part I explains through various examples why status as a vessel is important in admiralty jurisdiction. Part II discusses the Supreme Court's latest cases defining a vessel including Stewart v. Dutra Construction Company and Lozman. Part III.A analyzes how the Court arrives at the new test under Lozman, specifically how it adds a "reasonable observer" standard and a "designed to a practical degree" element to the vessel inquiry. In addition, Part III.B considers whether Lozman categorically denies vessel status to houseboats. Furthermore, Part III.C evaluates the inherent subjectivity that such a test creates since it is unclear how the "reasonable observer"-whoever she is-will base her determination, especially with the modicum of guidance provided in the "designed to a practical degree" element of the test. Additionally, Part III.D examines whether the test under Lozman is necessary and argues that it may not be. Lastly, Part III.E reviews the possible effects this new test may have on maritime industries.
Recommended Citation
Daniel Faessler,
Defining a Vessel in Admiralty: I Know It When I See It,
26
St. Thomas L. Rev.
248
(2014).
Available at:
https://scholarship.stu.edu/stlr/vol26/iss2/5