Defeating limitation of liability in maritime law: an anachronistic law can still prevent fair recovery for plaintiffs who suffer losses on the waves.

From: Trial | Date: February 1, 2006| Author: Akpinar, Tim | Copyright information

Before a Staten Island ferry struck a pier on October 15, 2003, killing 11 people and injuring more than 60, most of the passengers were unaware of an arcane concept of maritime law known as limitation of liability. They soon saw how a law meant to protect shipowners during the age of sail was invoked to prevent them from achieving a full and fair recovery for their losses.

Under the Limitation of Shipowners' Liability Act of 1851, (1) a shipowner may limit liability for...

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