33 C.F.R. § 83.02
Responsibility (Rule 2)
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
(b) In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 2011–2023 · leading case: Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020).
Deloach Marine Servs. L.L.C. v. Marquette Transp, 974 F.3d 601 (5th Cir. 2020). “According to the court, both captains violated Rule 2, which obliges captains to keep “the ordinary practice of seamen,” 33 C.F.R. § 83.02 , for the same reasons that both were negligent.”
In re the Complaint of Ingram Barge Co., 219 F. Supp. 3d 749 (N.D. Ill. 2016). “3d at 1046 ; 33 C.F.R. § 83.02 (a) (“Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of…”
In re Phil Steinle, 835 F. Supp. 2d 437 (N.D. Ohio 2011). “See 33 U.S.C. § 2002 (“Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules .”
Mike Hooks Dredging Co. v. Marquette Transp. Gulf-Inland, LLC, 716 F.3d 886 (5th Cir. 2013). “; see also 33 C.F.R. 83.02(b) (Rule 2) (“In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these…”
Plains Pipeline, L.P. v. Great Lakes Dredge & Dock Co., 54 F. Supp. 3d 586 (E.D. La. 2014). “In addition, the Plaintiffs and their expert make the statement that there were no licensed mariners aboard the dredge — a common situation 1 — without referring to any law or argument that this fact would demonstrate that, despite the lack of licensed mariners, the dredge TEXAS…”
Sterling Equip., Inc. v. M/T Great E., 52 F. Supp. 3d 76 (D. Mass. 2014). “” 33 C.F.R. § 83.02 . As I have previously explained, “[i]f the Pennsylvania Rule was triggered by this ‘good seamanship’ requirement .”
Rodriguez v. Walters, 136 So. 3d 871 (La. Ct. App. 2014). “33 C.F.R. § 83.02 . . Of interest, La. R.”
Larry Alexander v. Ingram Barge Co., 876 F.3d 269 (7th Cir. 2017). “The Claimants single out three rules that they contend Ingram violated: Rule 2, the Responsibility rule, 33 C.F.R. § 83.02 ; Rule 5, the Lookout rule, 33 C.”
Meador v. Aramark Sports & Ent. Servs. LLC (D. Ariz. 2022). “-4- Case 3:19-cv-08345-JJT Document 183 Filed 02/16/22 Page 5 of 39 1 33 C.F.R. § 83.02 . Parties do not dispute the application of this rule.”
Ly v. Lesenskyj (D.N.J. 2023). “33 C.F.R. § 83.02 (“In construing and complying with these Rules, due regard shall be had to all dangers of navigation and collision[.”
Ly v. Lesenskyj (D.N.J. 2023). “33 C.F.R. § 83.02 (“In construing and complying with these Rules, due regard shall be had to all dangers of navigation and collision[.”
— 33 C.F.R. § 83.02(b) — 1 case
Mike Hooks Dredging Co. v. Marquette Transp. Gulf-Inland, LLC, 716 F.3d 886 (5th Cir. 2013). “; see also 33 C.F.R. 83.02(b) (Rule 2) (“In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these…”
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