El Paso, TX asked in Admiralty / Maritime for Texas

Q: If two ships collide and I get injured while working on one, can I sue my employer for my injuries or would I need to

sue the other ship if it was at fault?

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Gordon Charles Webb
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Answered

A: It depends on a lot of things, for example was your employer at fault, are they properly paying your maintenance and cure, was the other vessel at fault. These and other questions need to discussed with a maritime lawyer.

A: It is possible that legal causes of action could arise against both vessels. Maritime law prescribes to the doctrine of comparative liability. This means that in a collision setting in general (the particular details and circumstances of your vessel's collision are not outlined here), both vessels can share a portion of liability, or fault. It could depend upon the relative bearings of the vessels with respect to one another, the actions of the crews (in particular deck personnel involved in the navigation of the vessels), and the interpretation of these under the Collision Regs, or Navigational Rules (inland or international), together with other factors.

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