Ninth Circuit Holds that Pennsylvania Rule Does Not Apply to Maritime Personal Injury Claims
In a recent decision (MacDonald v. Kahikolu, 2009 U.S. App. LEXIS 20162 (9th Cir. 2009)), the Ninth Circuit Court of Appeals held that the Pennsylvania Rule--which effectively shifts the burden of proving fault from plaintiff to defendant in certain maritime collision cases--should not be applied to maritime personal injury claims.
Although prior case law had suggested this conclusion, the MacDonald case has made the Ninth Circuit's position clear. However, the MacDonald court also recognized that other federal appeals courts, including the Second, Third and Fifth Circuits, have read the Pennsylvania Rule more broadly and applied it to non-collision cases.
A further discussion of this case and a link to the court's opinion can be found here.
Lafcadio Darling specializes in maritime and commercial litigation, representing a wide variety of business and consumer clients. In addition to being licensed in Washington and California, Lafcadio also holds an LL.M. from University College London and is a licensed solicitor in England & Wales.
