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Admiralty / Maritime Questions & Answers

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
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.
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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

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on May 18, 2018
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.
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Q: If I was injured as a result of one of my crewmate's negligence but they have no assets, can I sue the ship owner for

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 2, 2018
Michael H. Joseph's answer
Yes. The employer and ship are both liable for a crew injury.
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Q: Can I be arrested if I left a cruise ship in Jamaica owing them $6000?

2 Answers | Asked in Admiralty / Maritime for Florida on
Answered on Apr 26, 2018
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?
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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

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Apr 23, 2018
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.

Q: If I am injured at sea, what type of medical benefits am I entitled to?

4 Answers | Asked in Admiralty / Maritime for New York on
Answered on Apr 14, 2018
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...

Q: How do I ask an Ohio court to determine if a water way is or is not "navigable"?

1 Answer | Asked in Criminal Law, Real Estate Law and Admiralty / Maritime for Ohio on
Answered on Apr 9, 2018
Joseph Jaap's answer
You possibly could file an action for a "declaratory judgment" with a court. There might be different definitions of "navigable waters of the US" that have been determined in different court rulings applying EPA and other federal and state laws and regulations. A definition in one court decision might conflict with a definition in a different court decision. Get am OH watercraft license and talk to ODNR if the answer is not on its web site: http://watercraft.ohiodnr.gov/

Q: Daughter and son n law filed for divorce. Judge signed March 12, 2018. They have changed their minds. Lawyer says Judge

1 Answer | Asked in Divorce and Admiralty / Maritime for Alabama on
Answered on Apr 6, 2018
Mr. James Parrish Coleman's answer
If the wife and husband agree. then they file a motion under Rule 59, ARCP to vacate the divorce judgment -- THIS MUST BE FILED NO LATER THAN 30 DAYS AFTER THE DATE OF THE DIVORCE DECREE. If they both agree, you don't need a reason.

Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander for Florida on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
Go online and look for an attorney with experience handling civil rights claims.

Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.

Q: Do offshore workers get workers comp?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Feb 20, 2018
Joseph S. Stacey's answer
Thank you for your question. The answer depends upon what “category” of worker you are talking about. A “seaman” would not be eligible or qualify for worker’s comp. A seaman’s remedy after being injured on the job falls under the "Jones Act” and General Maritime Law remedies, including maintenance and cure. On the other hand, a “harbor worker” qualifies for federal worker’s comp (L&H). If you are asking about a worker on an oil rig, then most likely that worker would be...

Q: I was on a Norwegian cruise and got hurt on their island, in an area that had no signs posted swim at your own risk.

2 Answers | Asked in Admiralty / Maritime and Personal Injury for Florida on
Answered on Feb 12, 2018
Gordon Charles Webb's answer
You most likely will need to sue them in Florida. Typically you must send them a Notice of Claim letter within 6 months of the incident and then file suit within one year of the incident. So best you consult with a Florida lawyer ASAP.

Q: What can you do to get compensation if you get hurt working on a cruise ship?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Feb 1, 2018
Joseph S. Stacey's answer
Need more information. Were you a crew member? What company? Where(location) vessel when injured. Your nationality. The answer to these questions may determine what law applies.

Q: Is there a special workers comp law if you're injured while working at sea?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jan 30, 2018
Joseph S. Stacey's answer
The answer depends upon what category of worker you fall into. If you are a seaman or fisherman, you would be covered by the "Jones Act" and general maritime law. If you are a longshoreman or harborworker, you would be covered by Longshore and Harborworkers Compensation Act (a worker's comp law).

Q: If a person who has the salvadorian TPS marries a USA citizen does he has to leave the country in the state of Ohio

1 Answer | Asked in Admiralty / Maritime and Immigration Law for New Jersey on
Answered on Jan 26, 2018
Leonard R. Boyer's answer
Temporary Protected Status, a designation that allows certain nations' citizens to remain in America due to a variety of safety concerns. But that temporary status will end in 2019 for El Salvadorians, according to the Department of Homeland Security. The person does not have to leave the country. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that...

Q: What law enforcement agency has jurisdiction over criminal activity at sea?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jan 2, 2018
Nicholas I. Gerson's answer
Generally the FBI and local port authority.

Q: What does it mean when a person is indicted for theft and there is no discovery or nothing in the discovery?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Ohio on
Answered on Dec 4, 2017
Matthew Williams' answer
That's a lot to unpack. What happened?

First, Miranda warning are required only if the police intend to use the answers to questions they ask during a custodial interrogation. If they didn't question you, don't need your answers, or you were not in custody when you were questioned, they don't need Miranda. Second, the punishment, so to speak, for the state for violating Miranda is not dismissal of the case but exclusion of the answers given during interrogation and potentially other...

Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Dec 2, 2017
Michael H. Joseph's answer
If the injured person was employed on the vessel then Federal maritime law applies. If the boat was in state territorial waters both state and federal maritime law apply. If the boat is beyond the state territorial waters when the injury occurs then Federal maritime law applies

www.newyorktriallawyers.org

Q: My husband was injured on the job - we feel the boat was unsafe

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Nov 1, 2017
Michael H. Joseph's answer
If your husband was employed on a vessel, he is entitled to maintenance, which is the amount of money that he needs to live (ie, shelter food), while he recovers, as well as Cure, which is the payment of his medical bills, and if there was a dangerous condition aboard a ship, he can sue under the general maritime law doctrine of unseaworthiness. There are a lot of maritime standards which are published by the American Society for Material and Standards (ASTM) which apply to ships. If the...

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