§ 21.2 Allocation of Damages in Admiralty

• Library: Damages (OSBar) (2016 Ed.)

§ 21.2 ALLOCATION OF DAMAGES IN ADMIRALTY

§ 21.2-1 Proportionate Fault: Proportionate Damages

When a vessel hits another vessel or a land-based structure due to the fault of each, liability for the damages caused is allocated among the parties in proportion to their relative fault. United States v. Reliable Transfer Co., Inc., 421 US 397, 411, 95 S Ct 1708, 44 L Ed 2d 251 (1975) (rejecting traditional "divided damages" rule in favor of comparative fault); Trinidad Corp. v. S.S. Keiyoh Maru, 845 F2d 818, 822 (9th Cir 1988).

Liability for damages when both parties are at fault is allocated equally only when it is not possible to measure the comparative degrees of fault. Reliable Transfer, 421 US at 411; Bremmer v....