Western Pioneer, Inc. v. International Specialty, Inc.
Western Pioneer, Inc. v. International Specialty, Inc.
Opinion of the Court
This admiralty action arises out of the collision in the Puget Sound between the Bowfin, owned by Western Pioneer, and the barge Lucky Buck, owned by Claimant Signature Seafoods. Western Pioneer initiated this Limitation of Liability Act
The Limitation of Liability Act limits shipowner liability arising from the unseaworthiness of the shipowner’s vessel or the negligence of the vessel’s crew unless the condition of unseaworthiness or the act of negligence was within the shipowner’s “privity or knowledge.”
We reject the Claimants’ contention that, by admitting that its master was at fault, Western Pioneer assumed the burden of negating its privity or knowledge of other acts by its master. The claimant retains the burden of proving what act caused the loss even if the shipowner concedes that its crew was negligent.
AFFIRMED.
. 46 U.S.C. app. §§ 181-196 (Supp. 2003).
. Id. § 183(a).
. See Carr v. PMS Fishing Corp., 191 F.3d 1, 4 (1st Cir. 1999); Hercules Carriers, Inc. v. Florida, 768 F.2d 1558, 1563 (11th Cir. 1985); In re Brasea, Inc., 583 F.2d 736, 738 (5th Cir. 1978).
. See Churchill v. F/V Fjord, 892 F.2d 763, 770 (9th Cir. 1988).
. See Carr, 191 F.3d at 4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.