Showing 2 posts in Maritime Law.

The Oregon Rule and Presumption of Fault

Under the Oregon Rule, a vessel under power that strikes a fixed object is presumptively at fault.[1] 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.[2] Moreover, these rules shift the burden of production and persuasion to the offending party.[3] Read More ›

An LHWCA Insurer’s Right to Jones Act Subrogation

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 ›