A vessel owner who controls the design and structural condition of a vessel, sets safety policy, and has exclusive occupation of the vessel in port owes a duty of care to crew members even where they are employed by the master under a joint venture arrangement. The owner's failure to provide a safe working surface cannot be excused by the master's failure to use tools provided to remove ice, as the owner's breach generates the very risk of injury that materialises through the master's negligence. Apportionment between owner and master is governed by their respective degrees of control over the vessel and safety conditions.
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