Stephen P. Havens v. F/t Polar Mist, U.S.C.G. Off. No. 604676, in Rem, Arctic Vessel Mgmt., Inc., in Personam, 996 F.2d 215 (9th Cir. 1993). · Go Syfert
Stephen P. Havens v. F/t Polar Mist, U.S.C.G. Off. No. 604676, in Rem, Arctic Vessel Mgmt., Inc., in Personam, 996 F.2d 215 (9th Cir. 1993). Cases Citing This Book View Copy Cite
“there must be some evidence from which the trier of fact can infer that the owner either knew, or in the exercise of due care, should have known of the unsafe condition.”
110 citation events (57 in the last 25 years) across 20 distinct courts.
Strongest positive: Knieling v. Fung Fook and Poston (vid, 2024-07-29)
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discussed Cited as authority (verbatim quote) Knieling v. Fung Fook and Poston
D.V.I. · 2024 · quote attribution · 1 verbatim quote · confidence high
there must be some evidence from which the trier of fact can infer that the owner either knew, or in the exercise of due care, should have known of the unsafe condition.
cited Cited as authority (rule) Thomas E. Peak, V. Wa State Dept. Of Transportation
Wash. Ct. App. · 2024 · confidence medium
Hawaiian Legislator, 425 F.2d 1303, 1310-12 (9th Cir. 1970)). 9 85610-3-I/10 Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Merced v. United States (2×) also: Cited "see, e.g."
D. Or. · 2024 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993).
discussed Cited as authority (rule) Thomas E. Peak, V. Wa State Dept. Of Transportation
Wash. Ct. App. · 2024 · confidence medium
“The quantum of evidence necessary to support a finding of Jones Act negligence is less than that required for common law negligence . . . and even the slightest negligence is sufficient to sustain a finding of liability.” Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
cited Cited as authority (rule) Cooper v. Vigor Marine, LLC
D. Haw. · 2024 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993).
discussed Cited as authority (rule) Al-Qari v. American Steamship Company
E.D. Mich. · 2023 · confidence medium
“It is a fundamental principle that, under the Jones Act, an employer ‘must have notice and the opportunity to correct an unsafe condition before liability will attach.” Perkins, 246 F.3d at 599 (quoting Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993)). “‘There must be some evidence from which the trier of fact can infer that the owner either knew, or in the exercise of due care, should have known of the unsafe condition.’” Id.
discussed Cited as authority (rule) Corcoran v. Gervais
W.D. Wash. · 2023 · confidence medium
Seafoods Co., LLC, 21 357 F. App’x 807 , 808-09 (9th Cir. 2009) (citing Ribitzski, 111 F.3d at 662-64)). “[T]he 22 1 employer must have notice and the opportunity to correct an unsafe condition before 2 liability will attach.” Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993). 3 Mr. Gervais first argues that Mr. Corcoran’s own testimony shows that, contrary 4 to the allegations in his complaint, he was never “forced to wear boots which were 5 continually wet inside” and that Mr. Gervais did provide “reasonable accommodation 6 with which to dry the inside of [his] footwe…
discussed Cited as authority (rule) Waters v. Mitchell
W.D. Wash. · 2022 · confidence medium
Moreover, “[a]n employer is only liable under the Jones Act if the 1 employer or its agents either knew or should have known of the dangerous condition.” Id. 2 at 663-64 (citing Havens, 996 F.2d at 218 (“[T]he employer must have notice and the 3 opportunity to correct an unsafe condition before liability will attach.
discussed Cited as authority (rule) Royal Caribbean Cruises v. Swedish Health Services
Wash. Ct. App. · 2018 · confidence medium
Ed. 2d 740 (1966)), To recover under the Jones Act, the seaman must establish by a preponderance of the evidence (1) negligence on the part of his employer, or agents thereof, and (2) that the negligence Was a cause, "however slight,” of his injuries Havens v_ F/T Polar _M_js_t, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Marvin Allen v. NCL America LLC
6th Cir. · 2018 · confidence medium
“It is a fundamental principle that, under the Jones Act, an employer -7- No. 17-4198 Marvin Allen v. NCL America LLC, et al. ‘must have notice and the opportunity to correct an unsafe condition before liability will attach.’” Perkins, 246 F.3d at 599 (quoting Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993)). “‘There must be some evidence from which the trier of fact can infer that the owner either knew, or in the exercise of due care, should have known of the unsafe condition.’” Id. (quoting Havens, 996 F.2d at 218 )).
cited Cited as authority (rule) Cruz v. United States
S.D. Cal. · 2017 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993). .
discussed Cited as authority (rule) Allen v. NCL America, LLC (2×) also: Cited "see"
N.D. Ohio · 2016 · confidence medium
Id., quoting Har vens v. F/T Mist, 996 F.2d 215, 218 (9th Cir.1993); See also Sinclair v. Long Island R.R., 985 F.2d 74, 76 (2nd Cir.1993).
discussed Cited as authority (rule) Abraham Char v. American Seafoods, Inc.
Wash. Ct. App. · 2016 · confidence medium
Seaworthiness A shipowner has an absolute duty to maintain a seaworthy ship.21 This means a ship is reasonably fit for its intended use.22 To establish a claim for unseaworthiness, Char must show "(1) the warranty of seaworthiness extended to him and his duties; (2) his injury was caused by a piece of the ship's 19 Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993) (internal citation omitted). 20 Havens, 996 F.2d at 218 ; see also Dempsev v. Mac Towing.
cited Cited as authority (rule) Cara J. Stinson v. Wa State Dept. Of Corrections
Wash. Ct. App. · 2014 · confidence medium
Havens v. FIT Polar Mist, 996 F.2d 215, 218 ( 9th Cir. 1993); Ribitzki, 111 F.3d at 662.
cited Cited as authority (rule) Shoffner v. State
Wash. Ct. App. · 2013 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993). ¶27 In Braen v. Pfeifer Oil Transportation Co., 361 U.S. 129, 132 , 80 S. Ct. 247 , 4 L.
discussed Cited as authority (rule) Gifford v. American River Transportation Co.
W.D. Ky. · 2011 · confidence medium
“To prove an unseaworthiness claim, a plaintiff must show that the unseaworthy condition of the vessel was the substantial and direct or proximate cause of the plaintiffs injuries.” Id. (citing Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993)).
discussed Cited as authority (rule) Bell v. Fishing Co.
9th Cir. · 2008 · confidence medium
Likewise, particularly in the light of the lower quantum of the evidence necessary to support a finding of negligence under the Jones Act, Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993), the same evidence sufficed to establish a genuine issue of fact regarding negligence.
cited Cited as authority (rule) McCoy v. Foss Maritime Co.
W.D. Wash. · 2006 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Plesha v. M/V INSPIRATION
D.P.R. · 2006 · confidence medium
“There must be some evidence that the owner of the ship knew, or, in the exercise of due care, should have known of the unsafe condition.” Havens v. F/T Polar Mist, U.S.C.G., 996 F.2d 215, 218 (9th Cir.1993) (citations omitted); Del Valle, 582 F.Supp. at 577 (the employer must have knowledge of the problem that created the dangerous situation) (citations omitted).
cited Cited as authority (rule) Wuestewald v. Foss Maritime Co.
N.D. Cal. · 2004 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
cited Cited as authority (rule) Andersen v. Deep Sea Fisheries, Inc.
9th Cir. · 2001 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Dawn Rannals v. Diamond Jo Casino (2×)
6th Cir. · 2001 · confidence medium
Perkins, 246 F.3d at 599 ("It is a fundamental principle that, under the Jones Act, an employer 'musthave notice and the opportunity to correct an unsafe condition before liability will attach.'") (quoting Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993)); see also Sinclair v. Long Island R.R., 985 F.2d 74, 76 (2d Cir. 1993).
cited Cited as authority (rule) TCW Special Credits v. F/V Kassandra Z, Official No. 553390
amsamoa · 2001 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993).
examined Cited as authority (rule) James W. Perkins, Judith Lynn Perkins v. American Electric Power Fuel Supply, Inc. Indiana Michigan Power Company, Inc., River Transportation Division (4×) also: Cited "see"
6th Cir. · 2001 · confidence medium
It is a fundamental principle that, under the Jones Act, an employer "must have notice and the opportunity to correct an unsafe condition before liability will attach." Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir. 1993).
discussed Cited as authority (rule) Gapay v. Q & S ENTERPRISES, INC.
D. Alaska · 2000 · confidence medium
The Ninth Circuit has held “[t]he quantum of evidence necessary to support a finding of Jones Act negligence is less than that required for common law negligence.” Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Moreno v. Grand Victoria Casino
N.D. Ill. · 2000 · confidence medium
See Grillea v. U.S., 232 F.2d 919, 922 (2d Cir.1956); Havens, 996 F.2d at 218 (upholding bench verdict of unseaworthiness and Jones Act negligence where freezer compartment hatch cover unequipped with safety latch fell on seaman’s head and shoulders).
cited Cited as authority (rule) In Re Aquaculture Foundation for Exoneration From or Limitation Of
D. Conn. · 1999 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Landry De Orzan, Plaintiff-Appellant-Cross-Appellee v. United States of America, Defendant-Appellee-Cross-Appellant
9th Cir. · 1998 · confidence medium
Although the district court provided little justification for its general damages award, we are not convinced that the award "shocks the conscience." See Havens v. F/T Polar Mist, U.S.C.G., 996 F.2d 215, 219 (9th Cir.1993); Sines v. United States, 430 F.2d 644, 645 (9th Cir.1970).
cited Cited as authority (rule) Peterson v. Great Hawaiian Cruise Line, Inc.
D. Haw. · 1998 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
cited Cited as authority (rule) Robert Wyatt v. Royal Seafoods Inc., in Personam Snow King F/t, Official No. _______, Her Engines, MacHinery Appurtenances and Cargo., in Rem
9th Cir. · 1998 · confidence medium
Although the quantum of negligence needed for a Jones Act claim is very slight, Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993), Wyatt produced no evidence at all of negligence.
cited Cited as authority (rule) William Retherford Sandra Retherford v. F/v Paul M., Inc.
9th Cir. · 1997 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Lobodan Pranjic v. Chloe Z Fishing Company, Inc., Her Engines, Tackle, Apparel and Furniture (2×) also: Cited "see, e.g."
9th Cir. · 1997 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993). " 'Negligence' includes 'any knowing or careless breach of any obligation which the employer owes to the seamen.' " lB Benedict on Admiralty § 21 (7th Ed. Revised 1991) (quoting Koehler v. Presque-Isle Transportation Co., 141 F.2d 490 (2d Cir.1944)).
discussed Cited as authority (rule) Ribitzki v. Canmar Reading & Bates, Ltd. Partnership
9th Cir. · 1997 · confidence medium
A. Jones Act Negligence 13 To recover on his Jones Act claim, Ribitzki must establish that his employer, Piquniq, or one of its agents, was negligent and that this negligence was a cause, however slight, of his injuries. 2 Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) Ribitzki v. Canmar Reading & Bates, Ltd. Partnership
9th Cir. · 1997 · confidence medium
A. Jones Act Negligence To recover on his Jones Act claim, Ribitzki must establish that his employer, Piquniq, or one of its agents, was negligent and that this negligence was a cause, however slight, of his injuries. 2 Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993).
discussed Cited as authority (rule) John E. Meier v. United States
9th Cir. · 1997 · confidence medium
We will not disturb an award of damages for pain and suffering unless it "either shocks the conscience or was motivated by the trial judge's passion or prejudice." Havens v. F/T Polar Mist, 996 F.2d 215, 219 (9th Cir.1993). 17 The district court found that Meier underwent a neck fusion of the C5, 6 and 7 discs as a result of the September 3, 1992 accident, that this surgery left him with permanent cervical disability, and disabled him from returning to sea or other heavy employment.
discussed Cited as authority (rule) John Vitcovich v. Ocean Rover O.N., in Rem Birting Fisheries, Inc., in Personam (2×)
9th Cir. · 1997 · confidence medium
"Courts should exercise special care in considering summary judgment in Jones Act cases which require a very low evidentiary threshold for submission to a jury." Lies v. Farrell Lines, Inc., 641 F.2d 765, 770 (9th Cir.1981). 1 8 A. Liability Claims. 9 In order to establish liability under the Jones Act, a seaman must show that his employer was negligent and that the negligence was a cause, however slight, of his injuries. 46 U.S.C. § 688 ; Havens v. F/T Polar Mist, 996 F.2d 215, 218 (9th Cir.1993); Lies, 641 F.2d at 770 .
cited Cited as authority (rule) Saratoga Fishing Co. v. Marco Seattle Inc.
9th Cir. · 1995 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 217 (9th Cir.1993).
discussed Cited as authority (rule) Robert W. Smith v. Tow Boat Service & Management, Inc.
9th Cir. · 1995 · confidence medium
The quantum of evidence necessary to support a finding of Jones Act negligence is less than that required for common law negligence, ... and even the slightest negligence is sufficient to sustain a finding of liability. 996 F.2d at 218 (citations omitted). 3 Justice Cardozo wrote: The conditions at sea differ widely from those on land, and the diversity of conditions breeds a diversity of duties.... 'The master's authority is quite despotic and sometimes roughly exercised, and the conveniences of a ship out upon the ocean are necessarily narrow and limited.' Out of this relation of dependence …
cited Cited as authority (rule) Tonquin Fisheries, Inc. v. Ward
9th Cir. · 1995 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 217 (9th Cir. 1993); Newby v. F/V Kristen Gail, 937 F.2d 1439, 1441 (9th Cir. 1991).
discussed Cited as authority (rule) Tran v. Captain Glyn, Inc.
D. Haw. · 1995 · confidence medium
Jones Act Negligence To recover under a Jones Act claim for negligence, Tran must demonstrate at trial by a preponderance of the evidence: “(1) negligence on the part of his employer (or one for whom the employer is responsible), and (2) that the negligence was a cause, however slight of his injuries.” Havens v. FIT Polar Mist, 996 F.2d 215, 218 (9th Cir.1993) (citing Hechinger v. Caskie, 890 F.2d 202, 208 (9th Cir.1989), cert. denied, 498 U.S. 848 , 111 S.Ct. 136 , 112 L.Ed.2d 103 (1990)) (further citations omitted).
cited Cited as authority (rule) Mateo v. Kiso
9th Cir. · 1994 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 217 (9th Cir.1993). 29 We recently summarized the background law relevant to this issue in the following language: 30 The Seamen's Wage Act, 46 U.S.C.
cited Cited as authority (rule) Mateo v. M/S Kiso
9th Cir. · 1994 · confidence medium
Havens v. F/T Polar Mist, 996 F.2d 215, 217 (9th Cir.1993).
discussed Cited as authority (rule) Christopher Mitchell v. F/v Janice, Official Number 560264, Her Engines, Tackle and Appurtenances Ocean Warrior Inc., Corporation, and Warrior Fleet, Inc., a Corporation, in Rem and in Personam, Christopher Mitchell v. F/v Janice, Official Number 560264, Her Engines, Tackle and Appurtenances Ocean Warrior Inc., Corporation, and Warrior Fleet, Inc., a Corporation, in Rem and in Personam
9th Cir. · 1994 · confidence medium
We will not disturb an award of damages for pain and suffering unless it "either shocks the conscience or was motivated by the trial judge's passion or prejudice." Havens v. F/T Polar Mist, 996 F.2d 215, 219 (9th Cir.1993). 29 Here, the district court found that the injuries suffered by Mitchell caused him great personal pain and suffering and that he may need future surgery to correct his shoulder.
cited Cited "see" Glacier Fish Co. v. Becerra-Valverde
W.D. Wash. · 2018 · signal: see · confidence high
See Havens v. F/T Polar Mist , 996 F.2d 215 , 217-19 (9th Cir. 1993).
cited Cited "see" Oswalt v. RESOLUTE INDUSTRIES, INC.
9th Cir. · 2011 · signal: see · confidence high
See Havens v. F/T Polar Mist, 996 F.2d 215, 217 (9th Cir.1993).
cited Cited "see" Fireman's Fund Insurance Companies v. Big Blue Fisheries, Inc.
9th Cir. · 1998 · signal: see · confidence high
See Havens v. F/T Polar Mist, 996 F.2d 215, 217 (9th Cir.1993).
discussed Cited "see" Moore v. the Sally J.
W.D. Wash. · 1998 · signal: see · confidence high
See Havens v. F/T Polar Mist, 996 F.2d 215, 217-18 (9th Cir.1993); *1262 Webb v. Dresser Industries, 536 F.2d 603, 606 (5th Cir.1976), cert. denied, 429 U.S. 1121 , 97 S.Ct. 1157 , 51 L.Ed.2d 572 (1977).
discussed Cited "see" Swanson v. Arctic Alaska Fisheries Corp.
9th Cir. · 1997 · signal: see · confidence high
See Havens v. F/T Polar Mist, U.S.C.G., 996 F.2d 215, 218 (9th Cir.1993) ("To recover on his Jones Act claim, [a plaintiff must] establish by a preponderance of the evidence ... that the negligence was a cause, however slight, of his injuries."); Hechinger v. Caskie, 890 F.2d 202, 207 (9th Cir.1989) ("[T]he [unseaworthiness] claimant must show that the injury was caused by a piece of the ship's equipment or an appurtenant appliance."), cert. denied, 498 U.S. 848 (1990).
Retrieving the full opinion text from the archive…
Stephen P. HAVENS, Plaintiff-Appellee,
v.
F/T POLAR MIST, U.S.C.G. Official Number 604676, in Rem, Defendant, Arctic Vessel Management, Inc., in Personam, Defendant-Appellant
92-35335.
Court of Appeals for the Ninth Circuit.
Jun 18, 1993.
996 F.2d 215
Clayton G. Ramsey, Le Gros, Buchanan, Paul & Whitehead, Seattle, WA, for the defendant-appellant., Louis Rukavina, Spokane, WA, for plaintiff-appellee.
Wright, Farris, Nelson.
Cited by 64 opinions  |  Published
FARRIS, Circuit Judge:

Arctic Vessel Management, Inc. appeals from the district court’s judgment in favor of Stephen Havens, in Havens’s action for personal injuries under the Jones Act, 46 U.S.CApp. § 688 (1988), and under the doctrine of seaworthiness. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1988). We affirm.

I.

Havens began working aboard the F/T Polar Mist, a ship owned by Arctic, on September 19, 1990. On September 28, 1990, Havens was struck on the back, shoulders, and head by a hinged, circular steel hatch cover, which fell on him as he ascended a ladder from the freezer compartment of the ship’s hold. Havens, an assistant cook, was retrieving galley provisions from the freezer when he was injured. No one other than Havens witnessed the accident.

Havens filed suit against Arctic on March 25, 1991, alleging that the F/T Polar Mist was unseaworthy, and that Arctic was negligent under the Jones Act. After a bench trial, the district court entered judgment for Havens in the amount of $321,239. This appeal followed.

II.

Arctic contends that Havens failed to demonstrate that the F/T Polar Mist was unseaworthy and that such unseaworthiness was a proximate cause of his injuries. We review an admiralty trial court’s factual determinations for clear error, Newby v. F/V Kristen Gail, 937 F.2d 1439, 1441 (9th Cir.1991); Trinidad Corp. v. S.S. Keiyoh Maru, 845 F.2d 818, 822 (9th Cir.1988), and its conclusions of law de novo, Newby, 937 F.2d at 1442; Trinidad, 845 F.2d at 822.

A shipowner has an absolute duty “to furnish a vessel and appurtenances reasonably fit for their intended use.” Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 550, 80 S.Ct. 926, 933, 4 L.Ed.2d 941 (1960); see Hechinger v. Caskie, 890 F.2d 202, 207 (9th Cir.1989), cert. denied 498 U.S. 848, 111 S.Ct. 136, 112 L.Ed.2d 103 (1990). “The failure of a piece of vessel equipment under proper and[*218] expected use is sufficient to establish unseaworthiness.” Lee v. Pacific Far East Line, Inc., 566 F.2d 65, 67 (9th Cir.1977) (citing Usner v. Luckenbach Overseas Corp., 400 U.S. 494, 499, 91 S.Ct. 514, 517, 27 L.Ed.2d 562 (1971)).

Where a. ship’s equipment malfunctions under normal use, the trier of fact may infer that the equipment is defective. Villers Seafood Co. v. Vest, 813 F.2d 339, 342 (11th Cir.1987); see also Satchell v. Svenska Ostasiatiska Kompaniet, 385 F.2d 76, 78 (4th Cir.1967). This is especially so where, as here, no evidence supports an alternative explanation for the malfunction. Villers, 813 F.2d at 342.

Havens’s testimony established that: (1) a fish ladder located next to the hatch cover prevented the cover from being placed flat on the deck of the ship; (2) the hatch cover rested against the fish ladder such that the angle formed by the open hatch cover and the deck was slightly greater than 90 degrees; (3) no means were provided to secure the cover to any other structure; (4) Havens did not cause the cover to fall; and (5) there were no unusual climatic conditions when the hatch cover fell.

Arctic called no witnesses on the issue of liability and presented no evidence to suggest that Havens improperly operated the hatch cover.

Arctic’s reliance upon Thornton v. United States, 1977 A.M.C. 2531 (S.D.Tex.1977), is misplaced. In Thornton, the plaintiff testified inconsistently as to the nature of the alleged unseaworthy condition: at trial, Thornton claimed that he had slipped on a wet deck; in deposition, he claimed that he had fallen down some steps. The district court found that Thornton was not a credible witness and that the evidence did not even demonstrate that Thornton was injured aboard the ship. In contrast, it is undisputed that Havens was injured aboard the F/T Polar Mist when the hatch cover struck him as he exited the hatch.

The district court did not err in its finding that the F/T Polar Mist was unseaworthy.

III.

Arctic next contends that the evidence at trial was insufficient to establish its liability for negligence under the Jones Act. To recover on his Jones Act claim, Havens was required to establish by a preponderance of the evidence: (1) negligence on the part of his employer (or one for whom the employer is responsible), and (2) that the negligence was a cause, however slight, of his injuries. Hechinger, 890 F.2d at 208 (citing Litherland v. Petrolane Offshore Constr. Servs., Inc., 546 F.2d 129, 133 (5th Cir.1977) and Lies v. Farrell Lines, Inc., 641 F.2d 765, 771 (9th Cir.1981)).

Although the duty to provide a safe ship is broad, the employer must have notice and the opportunity to correct an unsafe condition before liability will attach. Colburn v. Bunge Towing, Inc., 883 F.2d 372, 374 (5th Cir.1989). There must be some evidence from which the trier of fact can infer that the owner either knew, or in the exercise of due care, should have known of the unsafe condition. Dempsey v. Mac Towing, Inc., 876 F.2d 1538, 1543 (11th Cir.1989); see also Perry v. Morgan Guar. Trust Co., 528 F.2d 1378, 1379 (5th Cir.1976).

The evidence, however, need not be substantial. The quantum of evidence necessary to support a finding of Jones Act negligence is less than that required for common law negligence, Ward v. American Hawaii Cruises, Inc., 719 F.Supp. 915, 917 (D.Haw.1988), and even the slightest negligence is sufficient to sustain a finding of liability. Id.; Colburn, 883 F.2d at 375.

Arctic insists that Havens’s uncorroborated testimony is insufficient to support a finding of negligence. Havens’s testimony was as uncontroverted as it was uncorroborated. Arctic provided no means to secure the hatch cover safely in an upright position. Nor did it warn Havens of the danger. The district court properly could infer that Arctic was aware, or should have been aware, of the danger. The court did not clearly err, see Newby, 937 F.2d at 1441, in finding that Arctic was negligent and that its negligence proximately caused Havens’s injuries.

IV.

The district court awarded Havens $22,650 for lost wages, $198,589 for diminish[*219] ed earning capacity, and $100,000 for pain, suffering, and permanent partial disability. Arctic challenges the latter two awards.

Arctic contends that the district court should have considered Havens’s “sporadic” work history in determining the extent to which his earning capacity was diminished by his injuries. Arctic asserts that because Havens’s employment was interrupted in the past by significant periods of incarceration, the damage award should be reduced to reflect the “inescapable conclusion” that Havens’s future employment similarly will be interrupted.

Although we do not necessarily share Arctic’s view on the inevitability of recidivism, we note that the district court halved the award in contemplation of the possibility that Havens would be incarcerated in the future.

Arctic also contends that the $100,000 award for pain, suffering, and permanent partial disability is “clearly excessive.” We will not disturb an award of this nature unless it either shocks the conscience or was motivated by the trial judge’s passion or prejudice. Vance v. American Hawaii Cruises, Inc., 789 F.2d 790, 793 (9th Cir.1986). Neither ground is suggested by the record.

AFFIRMED.