Originally Posted by JPA Cate
Please do not turn this into a media frenzy. It is so totally NOT what people need right now.
Unfortunately, the media will do what the media does thru ignorant embellishments to garner publicity
My intent on this thread is to highlight the Shipowner’s Limitation of Liability Act of 1851, which is considered out of date by many
The law allows the owner of a vessel to petition a federal court to exonerate it from damages, or limit damages to the post-accident value of the ship, which in this case is a total loss.
The law is routinely invoked for an accident
on a waterway, whether it involves tugboats and barges in busy harbors or leisure boats at vacation
The famous case :
*The 1912 sinking of the Titanic on its maiden voyage, in which more than 1,500 people were killed, is a classic
example of the law being successfully employed.
The ship’s owner, White Star Lines, was able to limit its liability in lawsuits in the United States to $92,000, which was the value of the lifeboats that survived the accident
It basically put the liability onto the Captain
and Crew as the owners argue that they do not make the operational decisions, the captain
Today there are far more Owner enforced rules, regulations
management, so many feel that this law needs to be challenged.
Since Truth Aquatics filed a petition in U.S. District Court in Los Angeles under the Shipowner’s Limitation of Liability Act of 1851, this may become a test case.