New York, NY asked in Admiralty / Maritime for New York

Q: My husband was injured on a boat but the owner is not from the US - can we still sue here?

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2 Lawyer Answers
Nicholas I. Gerson
Nicholas I. Gerson
PREMIUM
Answered
  • Maritime Law Lawyer
  • Miami, FL

A: Yes. If the operator conducts business operations in the US or has sufficient contacts with the US you could get jurisdiction. More information is needed. Did the incident occur in US or international waters? Is the owner and operator the same? What type of boat is it?

Michael H. Joseph
Michael H. Joseph
PREMIUM
Answered
  • Maritime Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: Probably, the US has jurisdiction over a every accident in U.S. waters. Also if the boat is still in a U.S. port, or will be in the future, it can be seized to obtain jurisdiction and the owner will have to file a bond. It is called "In Rem" jurisdiction.

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