Admiralty / Maritime Questions & Answers by State
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Admiralty / Maritime Questions & Answers
Q: How far out does a boat have to be for federal law to apply to an injury?
Timur Akpinar's answer
The criteria is one more about the nature of the waters than of distance. Maritime law can apply to an injury that takes place on something known as "navigable waters," which carries with it the attribute of interstate nexus. Therefore a boat operating off the East Coast, West Coast, adjoining gulfs, or sounds can fulfill this requirement. It doesn't have to be 100 miles offshore.
Tim Akpinar
The criteria is one more about the nature of the waters than of distance. Maritime law can apply to an injury that takes place on something known as "navigable waters," which carries with it the attribute of interstate nexus. Therefore a boat operating off the East Coast, West Coast, adjoining gulfs, or sounds can fulfill this requirement. It doesn't have to be 100 miles offshore.
Tim Akpinar
Q: If the accident occurred while in port, what laws apply?
Timur Akpinar's answer
It would depend on the capacity of the person at the time the accident occurred. Was the person a member of the vessel’s crew? Was the person a stevedore working for a cargo terminal? Was the person a welder, mechanic, or other shoreside contractor? Was the person a disembarking harbor pilot? Based on the person’s role, any one of a number of laws could apply, such as the Jones Act, Longshore Harbor Workers’ Compensation Act, or other law.
Tim Akpinar
It would depend on the capacity of the person at the time the accident occurred. Was the person a member of the vessel’s crew? Was the person a stevedore working for a cargo terminal? Was the person a welder, mechanic, or other shoreside contractor? Was the person a disembarking harbor pilot? Based on the person’s role, any one of a number of laws could apply, such as the Jones Act, Longshore Harbor Workers’ Compensation Act, or other law.
Tim Akpinar
Q: i am looking for the proper form quo warranto state of florida
2 Answers
| Asked
in
Traffic Tickets, Admiralty / Maritime and Civil Rights
for
Florida
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles
2 Answers
| Asked
in
Employment Law and Admiralty / Maritime
for
Michigan
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Brent T. Geers' answer
Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would have an obligation to hire you solely for any cruises that don't exceed 200 miles.
Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would have an obligation to hire you solely for any cruises that don't exceed 200 miles.
Q: Where does my husband lodge a safety complaint? He works on a commercial boat.
Timur Akpinar's answer
The U.S. Coast Guard, Office of Commercial Vessel Compliance should be able to provide direction here. OSHA also provides information under the Seaman's Protection Act - https://www.osha.gov/Publications/OSHA3762.pdf.
Tim Akpinar
The U.S. Coast Guard, Office of Commercial Vessel Compliance should be able to provide direction here. OSHA also provides information under the Seaman's Protection Act - https://www.osha.gov/Publications/OSHA3762.pdf.
Tim Akpinar
Q: What is the monety amou t required bond or surety for a city manager
1 Answer
| Asked
in
Admiralty / Maritime, Constitutional Law, International Law and Native American Law
for
Oregon
on
Answered on Oct 31, 2018
Answered on Oct 31, 2018
Timur Akpinar's answer
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.
Tim Akpinar
Q: My wife slipped on a wet deck recently on a cruise down to Mexico - how long would we have to file a lawsuit?
Michael A. Winkleman's answer
I hope your wife is doing OK.
The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the date of the incident), and a one year statute of limitations (which means any case must be filed within 1 year of the date of the incident.
Most importantly, this same fine print requires...
I hope your wife is doing OK.
The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the date of the incident), and a one year statute of limitations (which means any case must be filed within 1 year of the date of the incident.
Most importantly, this same fine print requires...
Q: A corp filed on me, neverserved.miss court, sentenced Filed vacate jud, lost they said a cop came read out saysno
2 Answers
| Asked
in
Admiralty / Maritime, Civil Rights, Constitutional Law and White Collar Crime
on
Answered on Oct 26, 2018
Answered on Oct 26, 2018
Q: How do I find the holder of my Trust account?
1 Answer
| Asked
in
Contracts, Real Estate Law and Admiralty / Maritime
for
Nevada
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Timur Akpinar's answer
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.
Tim Akpinar
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.
Tim Akpinar
Q: can president trump impose martial law.
Timur Akpinar's answer
It would depend on the circumstances facing the nation. Historically, martial law has been imposed in times of war or disaster. Constitutional scholars would be likely to have a deeper insight into the concept than maritime attorneys because it is closely connected to the suspension of habeas corpus.
Tim Akpinar
It would depend on the circumstances facing the nation. Historically, martial law has been imposed in times of war or disaster. Constitutional scholars would be likely to have a deeper insight into the concept than maritime attorneys because it is closely connected to the suspension of habeas corpus.
Tim Akpinar
Q: I don't believe I was compensated properly while working as a cruise member.
Timur Akpinar's answer
I would have liked to give you a “yes” or “no” answer, but the most helpful attorney could be one who is experienced with cruise ship wage matters. And not every maritime attorney handles cruise ship wage claims, even if they handle Jones Act claims for crew members. Cruise ship employment can be governed by contract, and crew contracts can vary according to the company, as some ships operate under the U.S. flag and some cruise lines, while having corporate headquarters in the United...
I would have liked to give you a “yes” or “no” answer, but the most helpful attorney could be one who is experienced with cruise ship wage matters. And not every maritime attorney handles cruise ship wage claims, even if they handle Jones Act claims for crew members. Cruise ship employment can be governed by contract, and crew contracts can vary according to the company, as some ships operate under the U.S. flag and some cruise lines, while having corporate headquarters in the United...
Q: I was injured offshore in work-related accident. What's the maximum amount of maintenance I can get, and how soon?
Timur Akpinar's answer
In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms for the milestone, such as “maximum recovery.”
Tim Akpinar
In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms for the milestone, such as “maximum recovery.”
Tim Akpinar
Q: Who would take a case re: suing Port Hueneme Harbor Patrol for sinking my commercial vessel while under their control?
2 Answers
| Asked
in
Personal Injury and Admiralty / Maritime
for
California
on
Answered on Oct 3, 2018
Answered on Oct 3, 2018
William John Light's answer
You will have to file a Tort Claim with the County of Ventura with 6 months of the date of the loss. After that, your claim may be governed by the Jones Act (not sure about that), which requires a specialty attorney. Do a computer search for Jones Act attorneys in Ventura and you will be guided to the appropriate specialists to assess your case.
You will have to file a Tort Claim with the County of Ventura with 6 months of the date of the loss. After that, your claim may be governed by the Jones Act (not sure about that), which requires a specialty attorney. Do a computer search for Jones Act attorneys in Ventura and you will be guided to the appropriate specialists to assess your case.
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...
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