Second Circuit Found Three Ships at Fault in Collision

Monday, July 16, 2007
The US Court of Appeals for the Second Circuit reversed the trial court’s finding that one ship was solely at fault in a collision and remanded the case to the trial court to apportion the fault, directing the trial court “to consider the relative culpability of each vessel and the relative extent to which the culpability of each caused the collision.” In the instant case, two ships collided in the English Channel and another ship was involved in the incident, although not in the physical contact. The trial court determined that one of the three ships was so largely at fault that the court assigned full liability to it for damages arising from the collision. On appeal, the court held that all three ships had been negligent to some extent. The Second Circuit upheld the trial court’s determination that the Pennsylvania Rule, which places a heavy burden on any vessel that violates a statute, would not apply if the 1910 Collision Convention applies. Otal Investments Ltd. v. M.V. Clary, No. 06-0591 Source: HK Law
Maritime Reporter September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Court Dismisses Boating Industry’s Challenge to EPA Misfueling Rule

The National Marine Manufacturers Association (NMMA) said it is disappointed with the U.S. Court of Appeals decision released on Tuesday, October 21, 2014 for the D.

Lavrov: No need for NATO in the Arctic

During the open lecture on Russia’s foreign policy, Foreign Minister Sergei Lavrov stated that he could see no need for NATO presence in the Arctic. ‘From time to time,

ITIC Measures against Ebola

The International Transport Intermediaries Club (ITIC) has issued the following general advice related to the outbreak of Ebola. Vessels that have recently

Education/Training

Colombian Professionals to be Trained in Antwerp

APEC, the training centre for the port of Antwerp, is to provide training for shipping professionals from the port of Santa Marta (Colombia) for the next four years.

Georgia Delegation visit Naval Academy "NYVaptsarov"

From 15 to 17oktomvri 2014. Naval Academy "N. Vaptzarov "hosted a delegation from Georgia led by prof. Sharabidze Irakli - Rector of the State Maritime Academy, city.

NMRA Awards Scholarship to Yacht Design Students

The National Marine Representatives Association (NMRA) awarded two scholarships to students pursuing careers in the field. Noah Luff of Ventura, California is one

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Navigation Port Authority Salvage Ship Electronics Ship Repair Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1058 sec (9 req/sec)