Article by Arthur J. Blank, Jr.
Although the present Wreck Statute governing wreck removal has been in existence since 1899, the first significant analysis of it by the Supreme Court did not occur until 1967 in Wyandotte Transportation Co. v. United States. Triggered by Wyandotte, court pronouncements over the past 12 years have tipped the scales heavily in favor of the rights and remedies of the government against both the negligent owner of the wreck and, when applicable, the negligent non-owner who caused or contributed to the sinking. This article, after briefly reviewing the Act's legislative history and the impact of state statutes on wreck removal, will focus on the following: The owner's duties to locate, mark, and remove the wreck, both when he is free from fault and when negligent; his options after marking; the effect of requesting governmental assistance to locate and mark; the Coast Guard's duties to mark or remove; the Wyandotte decision; the subsequent and inevitable development of unlimited liability of the negligent owner and negligent non-owner for removal expenses; and the potential liability of the negligent non-owner to third parties.
About the Author
Arthur J. Blank, Jr. LL.B., St. John's University. Partner, Hill, Betts & Nash.
Citation
53 Tul. L. Rev. 1299 (1979)