The divided-damages rule is a legal principle used in maritime law. It requires that when two or more parties share responsibility for causing property damage, the damages are divided equally among them. This rule is not limited to collisions between vessels; it also applies in situations where a vessel is damaged due to the combined faults of both vessel and non-vessel parties.
This rule is primarily applied in maritime law, particularly in cases involving collisions or groundings. It is relevant in civil law contexts where liability for damages is assessed. Users may encounter this rule when dealing with legal forms related to maritime incidents, and they can utilize US Legal Forms to access templates that help manage such situations effectively.
Here are a couple of examples of abatement:
For instance, if two vessels collide and both are found to be at fault, the damages incurred by both parties would be split equally, regardless of which party was more negligent. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Application of Divided-Damages Rule |
|---|---|
| California | Applies comparative negligence, allowing for adjustment based on fault. |
| Florida | Follows the divided-damages rule but may consider gross negligence differently. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Comparative Negligence | A legal doctrine that reduces the amount of damages a plaintiff can recover based on their percentage of fault. | Divided-damages rule mandates equal division regardless of fault; comparative negligence adjusts damages based on fault. |
| Joint and Several Liability | Legal doctrine where each party is liable for the entire amount of damages, regardless of their share of the fault. | Divided-damages rule divides damages equally, while joint and several liability allows for full recovery from any party. |
If you find yourself in a situation where the divided-damages rule may apply, consider the following steps:
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Even if one party is more at fault, the divided-damages rule typically requires equal division of damages.