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LCDR Vice President
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Edited >1 y ago
"As every navigator and most admiralty lawyer knows few collisions are sole fault and most are the result of a synergy of errors" of course but they were the stand on vessel so the preponderance will of the fault fall on the Fighting Fitz. I doubt, since the damage is also primarily to the Navy Ship, that the owner of the ACX Crystal will bring an action in US courts. It is basically a math game the civil investigations will place a % of the fault on the container ship, say 20% so if the damage to the USS Fitzgerald is $500M then the damage to the ACX Crystal would have to exceed $100M plus the lawyer fees ect... It is also not likely in this case the the US would bring a suite. Once the Navy investigation is released they will have no standing in court regardless of what international law suggest. If this were two merchants yes they would add up the cost and split it per the civil investigation likely in binding arbitration overseen by a judge but never adjudicated in a court room. LT Brad McInnis
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