Marine Surveyors Lexicon

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Proportionate Fault


A method of apportioning liability for damages when two vessels collide, where each vessel's liability for the total damages (percentage) is based on that vessel's degree of fault or negligence for the collision. It replaced the doctrine of Divided Damages in the United States in 1975 (U.S. v. Reliable Transfer Co.) to agree with the custom and practice of the other maritime nations of the world. See Divided Damages.