In the case of Atlantic Transport Company of West Virginia v. Imbrovek, the U.S Supreme Court ruled in favor of Imbrovek, a worker who was injured while working on an unseaworthy vessel owned by Atlantic Transport Company. The court held that under maritime law, a shipowner has an absolute duty to ensure their vessels are seaworthy and safe for workers. This obligation is not delegable or excusable due to negligence or any other reason. Therefore, even though Imbrovek knew about the unsafe conditions but continued to work without protest (assumption of risk), he could still recover damages from his employer because they had breached their non-delegable duty towards him as a seaman.

In the dissenting opinion for Atlantic Transport Company of West Virginia v. Imbrovek, it was argued that the majority's decision to hold a ship owner liable for damages caused by an unseaworthy vessel contradicted previous rulings and maritime law principles. The dissent emphasized that liability should only be imposed if there is proof of negligence on part of the ship owner or its agents in maintaining seaworthiness, which wasn't established in this case. They contended that imposing such strict liability would unjustly burden ship owners and potentially disrupt maritime commerce. Furthermore, they disagreed with the majority's interpretation of "unseaworthiness," arguing it was too broad and could include minor defects not affecting a vessel’s overall fitness for sea travel.