Ryan Indemnity in Maritime Property Damage Cases: What of Proportionate Fault?

Abstract

In 1956 the Supreme Court in Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp. implied a warranty of workmanlike performance in stevedoring contracts. The stevedore's breach of this warranty entitled the shipowner to full indemnity for damages paid by the shipowner to injured longshoremen. This article discusses the origin and development of the Ryan warranty and Ryan indemnity, focusing on post-Ryan statutory and decisional developments. The author advocates the application of principles of comparative negilgence in maritime property damage cases.

Keywords: maritime property damages, proportionate fault, Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp., stevedoring contracts, maritime law, contract law, shipowners, Ryan warranty, Ryan indemnity, comparative negligence, damages, liability of shipowners, longshoremen

JEL Classification: K12, K13, K31, K39, L92