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Comparative Negligence is the legal concept that parties in an accident share
responsibility in relation to their degree of fault. For instance, if three vessels are
involved in a collision and they were all found responsible in some way, they could
all be held accountable in different percentages, i.e. vessel no. 1 - 35%, vessel no. 2
- 40%, vessel no. 3 - 25%. American maritime law applies the legal principles of
comparative negligence in lawsuits involving seamen’s injuries, ship collisions,
cargo claims and other property and casualty claims. One reason for this is that
accidents at sea are often complex events. Many times, a situation can involve
negligence or fault by both parties. The collision regs are complex and oftentimes,
multiple rules of the road apply. Courts may look at several factors, such as
compliance with collision regs, communication between the parties, and the state
of mind of the operators. In seamen’s injury lawsuits, courts may consider the
unseaworthiness of a vessel in causing injuries. However, they will also look at
evidence demonstrating negligence on the part of the injured seaman, such as not
using proper safety equipment or failing to follow procedures.
In a court decision involving involving a collision between a moving ship and a
dredge, Evergreen International v. Norfolk Dredging, the court found that the ship
was 90% at fault and the dredge was 10% at fault. This case illustrates comparative
negligence.
Copyright 2006 - Copyright Warning
Rights reserved - U.S. Copyright Law Carries Criminal & Civil Penalties for
Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319Also see The Jones Act and
Seaman Status
responsibility in relation to their degree of fault. For instance, if three vessels are
involved in a collision and they were all found responsible in some way, they could
all be held accountable in different percentages, i.e. vessel no. 1 - 35%, vessel no. 2
- 40%, vessel no. 3 - 25%. American maritime law applies the legal principles of
comparative negligence in lawsuits involving seamen’s injuries, ship collisions,
cargo claims and other property and casualty claims. One reason for this is that
accidents at sea are often complex events. Many times, a situation can involve
negligence or fault by both parties. The collision regs are complex and oftentimes,
multiple rules of the road apply. Courts may look at several factors, such as
compliance with collision regs, communication between the parties, and the state
of mind of the operators. In seamen’s injury lawsuits, courts may consider the
unseaworthiness of a vessel in causing injuries. However, they will also look at
evidence demonstrating negligence on the part of the injured seaman, such as not
using proper safety equipment or failing to follow procedures.
In a court decision involving involving a collision between a moving ship and a
dredge, Evergreen International v. Norfolk Dredging, the court found that the ship
was 90% at fault and the dredge was 10% at fault. This case illustrates comparative
negligence.
Copyright 2006 - Copyright Warning
Rights reserved - U.S. Copyright Law Carries Criminal & Civil Penalties for
Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319Also see The Jones Act and
Seaman Status
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| Comparative Negligence |
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