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Unseaworthiness and Product Liability

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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3 Responses

  1. Jim Maloney says:

    “Unseaworthiness” means different things (with different burdens and standards) in different contexts. I assume you are referring to the seaman’s unseaworthiness action in the personal injury context, which arises under the general maritime law (in contrast to the Jones Act cause of action, which was statutorily created), in contrast to unseaworthiness in the COGSA or chartering context.

    I agree that there are interesting parallels between the seaman’s unseaworthiness action and the product-liability personal injury action, which, as you suggest, have both evolved in a similar way, presumably driven by an interest in protecting seamen (the “wards of the admiralty”) on the one hand and consumers on the other.

  2. Jim Maloney says:

    Let me rephrase slightly:

    “Unseaworthiness” means different things (with different burdens and standards) in different contexts. I assume you are referring to the seaman’s unseaworthiness action in the personal injury context, which arises under the general maritime law (in contrast to the Jones Act cause of action, which was statutorily created), as opposed to unseaworthiness in the COGSA or chartering context.

    I agree that there are interesting parallels between the seaman’s unseaworthiness action and the product-liability personal injury action, which, as you suggest, have both evolved in a similar way, presumably driven by an interest in protecting seamen (the “wards of the admiralty”) on the one hand and consumers on the other.

  3. Gerard Magliocca says:

    Right–the personal injury action. Sorry if I was unclear.

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