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cheapbag214s
Posted: Sat 22:32, 20 Jul 2013
Post subject: breach of duty
. However, the Federal Rules of the Road / Nav Rules trump the State rules. Some State navigational rules include no wake zones or local traffic patterns. A violation of a COLREG or State law may give rise to powerful maritime presumptions. These are known as the Pennsylvania Rule and Breach of Statute.Reasonable Care Under the CircumstancesIn a collision situation, the Rules of the Road or State navigational rules are the primary method for determining who was at fault for the collision. However,
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, the law also allows for recovery based upon a violation of a duty of care. The law imposes duties upon vessel operators under different circumstances The standard here is whether the acts or omissions which caused the collision were reasonable under the circumstances. In order to prevail under general maritime law you must prove a duty, breach of duty,
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, the breach of duty was a cause of your injuries and damages.Disclaimer:This article is not legal advice. This article is simplistic in order to achieve clarity. The circumstances
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