What are the differences between admiralty actions and actions for damages?
Admiralty actions and actions for damages are two distinct types of legal proceedings which may arise in a maritime setting in South Carolina. Generally, admiralty actions are disputes involving the rights, duties, obligations, and liabilities of persons in relation to a vessel and its cargo, passengers, or crew. Such cases may involve collisions, salvage, towage, pilotage, or general average claims. On the other hand, actions for damages are civil lawsuits brought against a person or persons who are believed to have caused harm or loss to another person or property. These types of cases may involve personal injury, vessel damages, environmental damage, cargo damage, or any other form of loss or damage. One major difference between admiralty actions and actions for damages is the type of remedies available. Admiralty actions are primarily concerned with the enforcement of maritime contracts and liabilities, as opposed to compensating one or more parties for losses. In an admiralty action, the remedy may include a declaration of a party’s liability, an injunction preventing the party from engaging in certain conduct, or a lien on property. On the other hand, an action for damages seeks to compensate a plaintiff for personal injuries, property damage, or another form of loss which may have resulted from the defendant’s actions. Thus, the remedies sought in admiralty actions and actions for damages are quite different. Additionally, the standard of proof required to succeed in an admiralty action and an action for damages is different. Generally, civil actions for damages require a party to demonstrate that their losses were caused by another’s wrongful conduct by a preponderance of evidence, while admiralty actions require the party to establish their claim by clear and convincing evidence.
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