Os. Seballos, Circuit over troubled waters: Ninth Circuit comparative fault principles in seamen's personal injury actions, WASH LAW RE, 73(4), 1998, pp. 1135-1161
Maritime personal injury actions employ the comparative fault doctrine, und
er which damages are allocated between mutually negligent parties according
to their proportionate fault. This Comment focuses on recurring issues Nin
th Circuit courts have faced in this area: apportioning liability in cases
of violations by seamen's employers of Occupational Safety and Health Act (
OSHA) regulations, and determining whether to include both causation and fa
ult in making the apportionment. This Comment argues that the Ninth Circuit
should adopt rules consistent with the pronounced congressional and U.S. S
upreme Court policies of achieving uniformity in domestic and international
admiralty and providing liberal recovery for seamen.