Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Swell Damage And The Right Of Navigation, Frank R. Grundman
Swell Damage And The Right Of Navigation, Frank R. Grundman
Cleveland State Law Review
In general, an owner of a vessel or other property damaged by the tortious acts of another committed in the course of boating or shipping is entitled to recover for such injuries. But what of the time-honored doctrine of the paramount right of navigation? It has been said that a moving ship is not an insurer and is not liable for all damages that occur as a result of its swell. Thus, the issue presents itself. Every vessel sailing on navigable waters creates a propagating swell by reason of its displacement in the water. By what yardstick is liability measured …
Crew Conduct As Unseaworthiness, James E. Saari
Crew Conduct As Unseaworthiness, James E. Saari
Cleveland State Law Review
It seems repugnant to all law that a shipowner should be held liable under the doctrine of unseaworthiness for occurrences which he has no reasonable way of preventing. The shipowner may be best protected by incorporating his knowledge of a crew member's dangerous propensities as an element of proof in assault cases based on unseaworthiness. Should general maritime law continue to offer legal barriers to shipowners, a seaman's workmen's compensation statute or a general re-draft of the Jones Act could enable the shipowner to set up stronger defense in an unseaworthiness action.