Orland Seballos has written an excellent Comment in the Washington Law Review Vol 73:1135 entitled Circuit Over Troubled Waters: Ninth Circuit Comparative Fault Principles in Seaman's Personal Injury Actions.
Maritime personal injury actions employ the comparative fault doctrine, under which damages are allocated between mutually negligent parties according to their proportionate fault. The Comment focuses on reoccurring issues Ninth 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 fault in making the apportionment. This Comment argues that the Ninth Circuit should adopt rules consistent with the pronounced congressional and U. S. Supreme Court policies of achieving uniformity in domestic and international admiralty and providing liberal recovery for seamen. (Washington Law Review Abstract)
Seballos' discussion on the application of OSHA standards, and the Federal Employees Liability Act (FELA) are consistent with our own views expressed in earlier articles appearing in this newsletter.