When Ships Collide: Presumption of Fault

Posted by: rzehl
April 30, 2009
Topic: The Jones Act

When a moving vessel strikes a non-moving vessel, the moving vessel is presumed to be at fault. This occurrence, known as an allision, differs from a collision in that one of the vessels involved must be anchored or moored to a fixed position. This presumption can be rebutted but only if the moving vessel demonstrates by a preponderance of the evidence that the moving vessel acted with reasonable care, the stationary ship caused the allision or the contact was an unavoidable accident.

According to maritime law, damages stemming from negligent piloting of the ship will result in the liability in personam of both the vessel's owner and operator.

From bad weather to rough seas, offshore workers face a large number of naturally occurring dangers every day. The negligent operation of a vessel is an unacceptable hazard to add to those ever-present dangers. The only way to deter this kind of activity is to hold the offenders accountable.

In case of an injury resulting from an allision, contact the experienced Texas Jones Act attorneys at the law firm of Fitts Zehl by phone at (713) 491-6064 or email info@gulfcoastmaritimelawyer.com. Our aggressive legal team will fight hard to earn you every dollar that you have coming. Contact us today.

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