Article by Francis J. Gorman
Indemnity and contribution are methods by which the law allocates and distributes loss. Between 1952 and 1974, the maritime law abandoned contribution in personal injury and death litigation and, in its stead, adopted an artificial form of indemnity that inhibited loss distribution based on either commercial agreement or equitable principles. Since the early 1970's, however, there have been significant statutory and decisional changes in the maritime law which have changed indemnity and contribution rights.
Any discussion of indemnity and contribution in maritime personal injury and death cases necessarily involves consideration of Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp. and Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Yet the story neither begins nor ends with these decisions. This article discusses the origins and development of indemnity and contribution in the maritime law governing personal injury and death. It concludes with the suggestion that the courts adopt comparative fault contribution in those maritime personal injury and death cases not governed by statute or by express contract provisions allocating loss.
About the Author
Francis J. Gorman. B.S.F.S. 1963, Georgetown University School of Foreign Service; J.D. 1969, Georgetown University; Assistant Editor, American Maritime Cases; Lecturer in Maritime Law, University of Baltimore, School of Law; Member of the Maryland and District of Columbia Bars.
Citation
55 Tul. L. Rev. 1165 (1981)