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ARTICLE · 25 MARCH 2024

An Introduction To Maritime Law Presumptions

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Maritime law has many unique characteristics that differentiate it from state and federal law. One of these characteristics is the application of presumptions of fault...

United StatesTransport
Jessie Elizabeth Shifalo
Jessie Elizabeth Shifalo
Elizabeth Strunk
Elizabeth Strunk
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Maritime law has many unique characteristics that differentiate it from state and federal law. One of these characteristics is the application of presumptions of fault, causation, and the condition of property, which shifts the burden of proof from one party to the other. These presumptions can be a powerful tool for a knowledgeable litigant, and a pitfall for the unwary.

Collisions & Allisions

There are three key presumptions in collision law.

  • The Louisiana Rule and Oregon Rule are relatively similar and can be likened to res ispa loquitur because they create a rebuttable presumption of negligence or fault for the casualty.
    • Louisiana Rule is when an unmoored, drifting vessel allides with an anchored vessel or a navigational structure, the moving vessel is presumptively at fault. The Louisiana, 70 U.S. 164 (1866).

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