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Admiralty / Maritime Questions & Answers
Q: As a boat owner, what are my legal obligations to guests on my boat if they slip and fall?
Michael H. Joseph's answer
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.
Q: Can a U.S. person with flying disabilities take a cruise ship from LA to Hawaii and then a different ship back to LA?
Timur Akpinar's answer
As a general matter, I’m not aware of any maritime law provision that prohibits purchasing a one-way passage from one port to another on one vessel and then purchasing another one-way passage on a different vessel for a return trip. That is as a general matter. However, a person’s rights, duties, and choices for a given passage(s) can also be determined by specific terms and conditions provided in a particular ticket, travel package, contract, or other arrangement entered into with a vessel...
As a general matter, I’m not aware of any maritime law provision that prohibits purchasing a one-way passage from one port to another on one vessel and then purchasing another one-way passage on a different vessel for a return trip. That is as a general matter. However, a person’s rights, duties, and choices for a given passage(s) can also be determined by specific terms and conditions provided in a particular ticket, travel package, contract, or other arrangement entered into with a vessel...
Q: In a Maritime case filed in Illinois, what, if anything, must litigant file before filing complaint?
T. J. Jesky's answer
In order to prevail under maritime law you need to prove negligence. This involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. A person is considered liable for all damages caused by their negligence for not doing what a “reasonable” person would have done under similar conditions.
That being said, you should first contact the wrong-doer to see if they...
In order to prevail under maritime law you need to prove negligence. This involves convincing a judge and/or jury that the defendant failed to take action that should have been taken, or by proving that the defendant did not apply proper safety measures. A person is considered liable for all damages caused by their negligence for not doing what a “reasonable” person would have done under similar conditions.
That being said, you should first contact the wrong-doer to see if they...
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Timur Akpinar's answer
The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in this area. There are exceptions to the general three year-statute of limitations. Further, a claimant must satisfy certain conditions to be considered a Jones Act seaman. If you were injured aboard a...
The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in this area. There are exceptions to the general three year-statute of limitations. Further, a claimant must satisfy certain conditions to be considered a Jones Act seaman. If you were injured aboard a...
Q: How are boating "DUIs" handled in NY?
Timur Akpinar's answer
Boating “DUIs” are handled under a legislative framework similar to that for vehicular DUIs on the state's roadways. Operating a vessel in New York under the influence of alcohol or drug is subject to criminal prosecution that can carry prison terms, penalties, and fines. For these offenses, the terms BWI (Boating While Intoxicated) and BWAI (Boating While Ability Impaired) are used. The offenses are distinguished from one another by a defendant's blood alcohol level (BAC). Statutory BAC...
Boating “DUIs” are handled under a legislative framework similar to that for vehicular DUIs on the state's roadways. Operating a vessel in New York under the influence of alcohol or drug is subject to criminal prosecution that can carry prison terms, penalties, and fines. For these offenses, the terms BWI (Boating While Intoxicated) and BWAI (Boating While Ability Impaired) are used. The offenses are distinguished from one another by a defendant's blood alcohol level (BAC). Statutory BAC...
Q: I slipped and fell on the Staten Island Ferry. Because the accident happened at sea, will it be treated differently?
Timur Akpinar's answer
The accident can be treated differently because accidents on ferries that operate on navigable waters are subject to maritime law. While maritime law follows some of the same doctrines and legal concepts that avail themselves in general law, such as negligence and comparative liability, it also presents legal concepts that are uniquely maritime in nature, such as unseaworthiness or shipowner’s limitation of liability. Limitation of liability was raised by the City of New York in the tragic...
The accident can be treated differently because accidents on ferries that operate on navigable waters are subject to maritime law. While maritime law follows some of the same doctrines and legal concepts that avail themselves in general law, such as negligence and comparative liability, it also presents legal concepts that are uniquely maritime in nature, such as unseaworthiness or shipowner’s limitation of liability. Limitation of liability was raised by the City of New York in the tragic...
Q: If two ships collide and I get injured while working on one, can I sue my employer for my injuries or would I need to
Gordon Charles Webb's answer
It depends on a lot of things, for example was your employer at fault, are they properly paying your maintenance and cure, was the other vessel at fault. These and other questions need to discussed with a maritime lawyer.
It depends on a lot of things, for example was your employer at fault, are they properly paying your maintenance and cure, was the other vessel at fault. These and other questions need to discussed with a maritime lawyer.
Q: Can a bankruptcy court go back and tell a corporation they have to compensate smaller stockholders
1 Answer
| Asked
in
Bankruptcy, Admiralty / Maritime, Energy, Oil and Gas and Mergers & Acquisitions
for
Florida
on
Answered on Jul 6, 2018
Answered on Jul 6, 2018
Timothy Denison's answer
The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.
The court has the power to consider such repayment as you ask, but it is highly unlikely they would exercise it based on the above.
Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?
Michael A. Winkleman's answer
It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.
Are you a passenger or a crewmember?
It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.
Are you a passenger or a crewmember?
Q: why does an attorney not disclose the fact that a man or woman is submitted to the jurisdiction of court once hired?
2 Answers
| Asked
in
Contracts, Criminal Law, Traffic Tickets and Admiralty / Maritime
for
New York
on
Answered on Jul 1, 2018
Answered on Jul 1, 2018
Zev Goldstein's answer
We need more details here. Are you talking about criminal Court? Civil Court? Another type of case?
Generally, in criminal cases, an attorney has a lot of discretion in how to handle a case and does not need a defendant's consent to take legal actions. An attorney does need to consult with a defendant for some things, for instance, whether to take a plea deal.
We need more details here. Are you talking about criminal Court? Civil Court? Another type of case?
Generally, in criminal cases, an attorney has a lot of discretion in how to handle a case and does not need a defendant's consent to take legal actions. An attorney does need to consult with a defendant for some things, for instance, whether to take a plea deal.
Q: Do district courts still have original jurisdiction over acts of piracy committed on international waters?
1 Answer
| Asked
in
Admiralty / Maritime, International Law and Criminal Law
for
New York
on
Answered on Jun 14, 2018
Answered on Jun 14, 2018
Aubrey Claudius Galloway's answer
Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were attacked by pirates, the Bahamas is where legal action could be entertained.
Hope that helps,
Aubrey C. Galloway III, Esq.
(914) 912-1555
Probably not, unless said courts are in the same physical jurisdiction where the ship that was victimized is registered. The court of original jurisdiction is where the (non-pirate) ship is registered. For example, many cruse lines register native to the Bahamas; if one of those vessels were attacked by pirates, the Bahamas is where legal action could be entertained.
Hope that helps,
Aubrey C. Galloway III, Esq.
(914) 912-1555
Q: If someone boards my vessel without permission, then refuses to leave, how may I legally evict them?
Gordon Charles Webb's answer
Depending upon additional facts and the particular jurisdiction, probably best to call the local authorities, i.e. Coast Guard, police or sheriff before saying or attempting much other than instructing the individual to leave. Be sure to have a credible witness who can attest to the reasonableness of your actions.
Depending upon additional facts and the particular jurisdiction, probably best to call the local authorities, i.e. Coast Guard, police or sheriff before saying or attempting much other than instructing the individual to leave. Be sure to have a credible witness who can attest to the reasonableness of your actions.
Q: I was injured on a fishing boat, but the boat owner is claiming they're not liable for my medical bills because I was
Gordon Charles Webb's answer
No, as long as you were employed in the service of the vessel your medical bills are covered under the general maritime law doctrine of maintenance and cure.
No, as long as you were employed in the service of the vessel your medical bills are covered under the general maritime law doctrine of maintenance and cure.
Q: Can a credit dispute halt an ongoing suit in court ?
2 Answers
| Asked
in
Arbitration / Mediation Law, Consumer Law, Small Claims and Admiralty / Maritime
for
California
on
Answered on May 21, 2018
Answered on May 21, 2018
William John Light's answer
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.
This mostly unintelligible. You can dispute a debt in a collection matter, if that is what you are asking. Don't see how a credit report pertains to that.
Q: Is the Death On The High Seas Act a claim a family member can file in addition to a wrongful death claim, or instead of
Michael A. Winkleman's answer
They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.
They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.
Q: Can I be arrested if I left a cruise ship in Jamaica owing them $6000?
Gordon Charles Webb's answer
Sheriffs usually don't run around making false threats without acting, but if he is for real - and not some rent a cop - you might respectfully ask him for his basis. . . . . We would need more information, i.e. did you destroy property or just drink to much?
Sheriffs usually don't run around making false threats without acting, but if he is for real - and not some rent a cop - you might respectfully ask him for his basis. . . . . We would need more information, i.e. did you destroy property or just drink to much?
Q: I tried to file my maritime injury suit 14 months after i was injured but the other party claims I'm beyond the statute
Joseph S. Stacey's answer
Are you a "passenger" on a cruise ship? Most often, a passenger's personal injury case is governed by a one year statute of limitation. A "seaman" has a three year statute of limitation.
Are you a "passenger" on a cruise ship? Most often, a passenger's personal injury case is governed by a one year statute of limitation. A "seaman" has a three year statute of limitation.
Q: If I am injured at sea, what type of medical benefits am I entitled to?
Joseph S. Stacey's answer
If you are a seaman and you are injured or become ill “while in the service of the vessel,” you are entitled to receive paid medical care, maintenance (a daily rate which is supposed to cover room and board), unearned wages (wages through your contract period of employment), and repatriation costs to the point of hire. There are only a few exceptions to payment of these entitlements. Also, a union contract can dictate a maintenance rate. Maintenance and medical expenses must be paid...
If you are a seaman and you are injured or become ill “while in the service of the vessel,” you are entitled to receive paid medical care, maintenance (a daily rate which is supposed to cover room and board), unearned wages (wages through your contract period of employment), and repatriation costs to the point of hire. There are only a few exceptions to payment of these entitlements. Also, a union contract can dictate a maintenance rate. Maintenance and medical expenses must be paid...
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