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post #278 of Old 11-04-2012
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Re: HMS Bounty in trouble...

Originally Posted by chef2sail View Post

Jameswilson...I am not a lawyer, but if there was a lawsuit arent there % of causality assigned ( not legalese)
In a comparative negligence jurisdiction, yes, there is an apportionment of fault. In a contributory negligence jurisdiction like Virginia, any negligence is a complete bar to recovery.

I am not sure where this will be tried and under what governing law. I assume the Plaintiff will try to put this in the most advantageous forum. Maybe a maritime lawyer on the listserv can jump in here and tell us whether this has to be brought in federal court under U.S. maritime law, or whether a state court would be required to apply federal common law/maritime law to this case.

I have not read any claim that the woman's negligence contributed to her death. While the defendant may try to claim some kind of assumption of risk defense to defeat a recovery and may even produce some kind of signed waiver, I question whether that would be effective in these circumstances, that she would have understood and reasonably assumed the risk of the captain sailing into a hurricane...or that as a matter of public policy such a waiver would be enforced.

Last edited by jameswilson29; 11-04-2012 at 12:54 PM.
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