Abandon Ship - The Need to Maintain a Consistency between Causation in Admiralty and Common Law Tort: Lone Star Industries, Inc. v. Mays Towing Co.
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Authors
Lee, Herman W.H.
Issue Date
1992
Volume
25
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|General admiralty or maritime law recognizes negligence as an actionable wrong. The elements necessary to establish negligence in admiralty cases are essentially similar to the elements necessary to establish negligence in land-based actions. In particular, the causation element in admiralty negligence cases is analogous to the causation element in common law negligence cases.|The doctrine of superseding cause assists courts in determining the extent to which the defendant should be liable for his negligence. This doctrine is useful in resolving cases in which a defendant creates a situation and a subsequent new and independent cause acts upon the situation and injures the plaintiff. Because of the vast number of possible causes that may intervene subsequent to a defendant's negligent act, courts have attempted to confine a defendant's liability within some reasonable bounds...
Description
Citation
25 Creighton L. Rev. 1007 (1991-1992)
Publisher
Creighton University School of Law