Summary

The seemingly simple question of, “what is a vessel?” has a very complex answer. In the context of United States admiralty law, the definition of the word “vessel” has different meanings depending upon which statute has jurisdiction, the nature of the circumstances, and the characteristics of the person involved. There is no settled definition of the word. As a result, the character of ships and vessels can hardly be denied to almost any structure, including steam-ships, motor driven tugs, canal boats drawn by animal power, jet skis, a floating elevator, and a houseboat.

This article proposes a three prong test that suggests several criteria to be used by the trier of fact for determining whether something meets the definition of a “vessel.” The objective is to provide a tool that can be used in a variety of situations involving different admiralty statutes in an effort to produce a more consistent
understanding.