Alfred Lewis, Cross-Appellee v. Timco, Inc. v. Joy Manufacturing, Cross-Appellant

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We face the question of whether the doctrine of comparative fault applies in a products liability suit maintained under the maritime jurisdiction of the federal courts. We are persuaded that it does.

I

Alfred Lewis was injured when working as a member of a crew furnished by his employer, Timco, Inc., to Atwood Oceanies, Inc. for work aboard Oceanies’ drilling barge, the Vicksburg. At the time of the accident, the Vicksburg was in Louisiana's territorial waters.

Lewis operated hydraulic tongs used to “make up” tubing joints to be placed in a well. These…