Tort Law in General Ch. 6

Question 1

When do most claims arise?

Answer 1

1. Industrial Accidents
2. Actions by Shippers or Passengers
3. Cases arising from operation of pleasure boats
4. Collision of vessels
5. Injury to Seaman

Question 2

What law applies?

Answer 2

Where special bodies of law such as LHWCA and Jones act do not give a dispositive rule, apply general maritime tort law which has been fashioned generally by the lower courts.

Question 3

Eight Factors to decide choice-of-law in maritime tort claims:

Answer 3

(1) place of the wrongful act;
(2) law of the flag;
(3) allegiance or domicile of the injured;
(4) allegiance of the defendant shipowner;
(5) place of contract;
(6) inaccessibility of foreign forum;
(7) law of the forum; and
(8) shipowner’s base of operations

Question 4

Duty of Shipowner to General Public

Answer 4

“Foreseeability of Risk”

Question 5

Duty of Owner/Operator to Guests & Passengers

Answer 5

Keramac-One of reasonable care. (Negligence)

NOTE: May only apply to those with a right to be there. (ex. a stowaway)

Question 6

Damage to Property

Answer 6

Strict liability applies in Maritime law
East River: Regardless of venue, the applicable law needs to remain consistent when in regards to an admiralty transaction.

Question 7

Foreseeability, Per Kinsman

Answer 7

Foreseeability is necessary to render conduct as “negligent”. Only the general accident needs to be foreseeable, not the specific type of damage that would result.