- Certificate of Merit Statute: Constitutional or Unconstitutional?
- Increased Insurance Premiums: Are They Recoverable from Third-Party Tortfeasors?
- Texas Supreme Court Clarified the Applicable Standard for Proving Attorney’s Fees
- The Oregon Rule and Presumption of Fault
- Drivers’ Liability: The Unavoidable Accident Defense
- Fraudulent Concealment: When does the statute of limitations begin to run for a breach of contract claim, if fraudulent concealment is asserted?
- Application of the Discovery Rule to Breach of Contract Claims
- Proper Procedure to Obtain Entry on Real Property of a Nonparty for Purposes of Inspection and Photographing
- Designating Unknown Responsible Third Parties: How to Properly Designate an Unknown Driver
- Premises Liability: Do Open and Obvious Naturally Occurring Conditions Pose an Unreasonable Risk of Harm?
Showing 2 posts in Maritime Law.
Under the Oregon Rule, a vessel under power that strikes a fixed object is presumptively at fault. This presumption is closely related to the doctrine of res ipsa loquitor, which creates a rebuttable presumption of fault on the part of the person controlling the instrumentality. Moreover, these rules shift the burden of production and persuasion to the offending party. Read More ›
The Longshore and Harbor Workers’ Compensation Act (LHWCA), like other workers’ compensation schemes, provides a compromise between land-based maritime workers and their employers: workers who are injured on the job receive quick, guaranteed compensation from their employers regardless of fault, and employers are generally absolved from any further liability in relation to such injuries. However, the LHWCA generally preserves an injured worker’s remedies against third parties who may be “liable for damages.” Read More ›