Does a breach of warranty of seaworthiness constitute a cause of action for wrongful death?

"New York", United States of America

The following excerpt is from Pedersen v. Manitowoc Co., 25 N.Y.2d 412, 255 N.E.2d 146, 306 N.Y.S.2d 903 (N.Y. 1969):

Respondents further argue that a breach of warranty of seaworthiness does not give rise to a cause of action for wrongful death and that since the Pedersen complaint fails to state a cause of action under the Jones Act, it fails to state any grounds upon which a wrongful death award could be made. There is no merit to this contention for, as discussed above, the Pedersen complaint does state a Jones Act cause of action based upon negligence and it is evident from the language of that statute that damages for wrongful death of a seaman caused by negligence may be recovered pursuant thereto (see Lindgren v. United States, 281 U.S. 38, 50 S.Ct. 207, 74 L.Ed. 686).

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