Section 11.27 Collision

• Library: Tort Law 2016

D. (§11.27) Collision

Collision liability is grounded on fault; the mere fact of impact has no legal consequences. The Java, 81 U.S. (14 Wall.) 189 (1871). Inscrutable fault exists when the court finds fault but is unable to locate it, and in such a case, there can be no recovery. The Worthington & Davis, 19 F. 836 (E.D. Mich. 1883). An accident is inevitable not merely when caused by an act of God, but also when all precautions reasonably required were taken and an accident nevertheless occurred. There is likewise no recovery for an inevitable accident. Stainback v. Rae, 55 U.S. (14 How.) 532 (1852).

The concept of fault presupposes a standard of correct action. The sources of this standard include:

the statutory rules of navigation; other statutes and regulations, including federal, state, and local statutes; proved local customs; and the requirements of good seamanship and due care.

The statutory rules of navigation are of paramount importance in the allocation of collision liability...