Cal. Harb. & Nav. Code § 292

Liability

Applied in 3 court decisions — leading case 26 Cal. 2d 365 - Intagliata v. Shipowners & Merchants Towboat Co. (1945)

Most recently applied in Texaco, Inc. v. Petroleum Specialists Corp. (November 1973)

Enacted by Stats. 1937, Ch. 368.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Losses caused by collision are to be borne as follows:

(a) If either party was exclusively in fault he shall bear his own loss, and he shall compensate the other for any loss he has sustained.

(b) If neither was in fault, the loss shall be borne by him upon whom it falls.

(c) If both were in fault, the loss shall be equally divided, unless it appears that there was a great disparity in fault, in which case the loss shall be equitably apportioned.

(d) If it can not be ascertained where the fault lies, the loss shall be equally divided.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.