5th Cir. Pattern Jury Instr. (Civil) 4.2

You must determine whether the [specify structure

by name or description] was a “vessel.” A vessel is any

water craft practically capable of maritime transportation, regardless of its primary purpose or state of movement at a particular moment.

1

A water craft need not

be in motion to qualify as a vessel. You must consider

whether a reasonable observer looking at the physical

characteristics and activities of the [specify structure

by name or description] would consider it designed to a

practical degree for carrying people or things over

water. If so, then it is a vessel.

2

A water craft that has

been permanently moored or otherwise made practically incapable of transportation or movement is not a

vessel.

3

1Stewart v. Dutra Constr . Co. , 543 U.S. 481, 494–95 (2005).

2Lozman v. City of Riviera Beach , 133 S. Ct. 735, 741 (2013) (discussing in depth various factors to consider in determining whether a structure

is a vessel).

3Stewart, 543 U.S. at 494 (“[A] water craft is not ‘capable of being

used’ for maritime transport in any meaningful sense if it has been

permanently moored or otherwise rendered practically incapable of

transportation or movement.”); see Cain v. Transocean Offshore USA, Inc. ,

518 F .3d 295 (5th Cir. 2008) (explaining that Stewart does not require the

Fifth Circuit to modify its precedent that an incomplete water craft is not

a vessel in navigation).

4.2ADMIRALTY

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