§ 21.1 Introduction

• Library: Damages (OSBar) (2016 Ed.)

§ 21.1 INTRODUCTION

§ 21.1-1 Scope of Chapter

This chapter is designed for the general practitioner not familiar with admiralty law and will discuss only damages in admiralty for tortious injury to property. Closely related subjects such as admiralty jurisdiction, maritime personal injuries, cargo claims, general average, salvage, or limitation-of-liability proceedings are beyond the scope of this chapter. Causation, amount, and the reasonableness of damages are also not examined in this chapter. Common questions involving how much damage is attributable to a maritime tort and how much to a preexisting condition are also not surveyed. See generally Gordon W. Paulsen, Provable Damages in Collision Cases, 51 Tul L Rev 1047 (1977); David J. Sharpe & Robert B. Acomb III, Damages Recoverable in Collision and Stranding Cases 1 (1984).

The torts discussed in this chapter are maritime. Maritime tort law applies when a two-pronged test is met: "First...