Legal Definitions - divided-damages rule

The divided-damages rule is an old principle in maritime law that stated when two parties are jointly responsible for a tort, each party is only liable for half of the damages. However, this rule is now obsolete, and the courts use a comparative-negligence standard instead.

For example, in collision cases, if two vessels collide, and both are at fault, the divided-damages rule would have meant that each vessel would only be responsible for half of the damages. However, under the comparative-negligence standard, each vessel is liable for the proportionate amount of damages based on their level of fault.

For instance, if one vessel was 70% responsible for the collision, and the other vessel was 30% responsible, the first vessel would be liable for 70% of the damages, and the second vessel would be liable for 30% of the damages.

The divided-damages rule was deemed inequitable and illogical, and the courts now use a fairer system that allocates fault proportionately among joint-tortfeasors.