In the case of Crumady v. The Joachim Hendrik Fisser et al., 1958, the U.S. Supreme Court ruled in favor of an injured longshoreman who was hurt while unloading cargo from a ship due to faulty equipment provided by the ship's crew. The court held that even though there may have been negligence on part of his fellow workers, it did not absolve the vessel owner and charterer from liability under Section 5(b) of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA). This section imposes upon a vessel "the duty to exercise ordinary care under circumstances" towards any person lawfully aboard their ship for business purposes. In this instance, they failed to ensure that their loading gear was safe for use which led directly to Mr.Crumady's injury.

In the dissenting opinion for Crumady v. The Joachim Hendrik Fisser et al., Justice Harlan argued that the majority's decision to hold the ship liable for damages was incorrect. He contended that it was not reasonable to expect a vessel owner or charterer to anticipate and prevent all possible negligent acts by stevedores, especially when those actions are outside of their control. Furthermore, he stated that this ruling would place an unfair burden on ship owners and could potentially disrupt maritime commerce due to increased insurance costs resulting from higher liability risks. In his view, liability should only be assigned if there is evidence of negligence on part of the vessel itself or its crew members rather than third-party contractors like stevedores.