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New York Admiralty / Maritime Questions & Answers

2 Answers | Asked in Libel & Slander and Admiralty / Maritime for New York on

Q: slip fully paid for the year. sold the boat and promised buyer the slip as well. can the Marina try charging new owner ?

So I sold my boat and promised new owner the slip as well since it was fully paid for the remainder of the summer season. As suggested by the owner of the marina stating that it would be more appealing when selling a boat. So now that boat its sold the marina's owner is no where to be found for me... Read more »

Tom Evans answered on Jul 24, 2019

This does not involve maritime law or admiralty. You need to consult with a local attorney about breach of contract issues

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1 Answer | Asked in Admiralty / Maritime for New York on

Q: How far out does a boat have to be for federal law to apply to an injury?

Tim Akpinar answered on Dec 14, 2018

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... Read more »

2 Answers | Asked in Admiralty / Maritime for New York on

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 answered on Oct 31, 2018

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...
Read more »

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1 Answer | Asked in Admiralty / Maritime for New York on

Q: I don't believe I was compensated properly while working as a cruise member.

Do I need a maritime attorney, or just a regular employment attorney?

Tim Akpinar answered on Oct 12, 2018

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... Read more »

2 Answers | Asked in Admiralty / Maritime for New York on

Q: As a boat owner, what are my legal obligations to guests on my boat if they slip and fall?

Michael H. Joseph answered on Sep 19, 2018

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.

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1 Answer | Asked in Admiralty / Maritime for New York on

Q: How are boating "DUIs" handled in NY?

Tim Akpinar answered on Sep 1, 2018

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,... Read more »

1 Answer | Asked in Admiralty / Maritime for New York on

Q: I slipped and fell on the Staten Island Ferry. Because the accident happened at sea, will it be treated differently?

Tim Akpinar answered on Sep 1, 2018

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... Read more »

2 Answers | Asked in Contracts, Criminal Law, Traffic Tickets and Admiralty / Maritime for New York on

Q: why does an attorney not disclose the fact that a man or woman is submitted to the jurisdiction of court once hired?

Zev Goldstein answered on Jul 1, 2018

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...
Read more »

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1 Answer | Asked in Admiralty / Maritime, International Law and Criminal Law for New York on

Q: Do district courts still have original jurisdiction over acts of piracy committed on international waters?

Following Kiobel v Royal Dutch Petroleum (and, perhaps, Jesner v Arab Bank, PLC) do district courts still have original jurisdiction over acts of piracy committed on international waters?

Aubrey Claudius Galloway answered on Jun 14, 2018

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... Read more »

3 Answers | Asked in Admiralty / Maritime for New York on

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

injured due to the negligence of another contract worker. Is this true?

Gordon Charles Webb answered on May 30, 2018

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.

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2 Answers | Asked in Admiralty / Maritime for New York on

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

medical expenses instead?

Michael H. Joseph answered on May 2, 2018

Yes. The employer and ship are both liable for a crew injury.

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4 Answers | Asked in Admiralty / Maritime for New York on

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

Joseph S. Stacey answered on Apr 14, 2018

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... Read more »

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2 Answers | Asked in Admiralty / Maritime for New York on

Q: If I am injured within the ocean borders of another country but the vessel I was on is owned by someone in New York,

what law applies to my injury claim?

Michael H. Joseph answered on Mar 24, 2018

The US general maritime law

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2 Answers | Asked in Admiralty / Maritime for New York on

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

Joseph S. Stacey answered on Feb 1, 2018

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.

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1 Answer | Asked in Admiralty / Maritime for New York on

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

Michael H. Joseph answered on Dec 2, 2017

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... Read more »

1 Answer | Asked in Admiralty / Maritime for New York on

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

-- is there some place to go to look up standards for this?

Michael H. Joseph answered on Nov 1, 2017

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... Read more »

1 Answer | Asked in Admiralty / Maritime for New York on

Q: How does a seaman sue his employer for the unseaworthiness of the vessel?

Michael H. Joseph answered on Oct 13, 2017

Typically, a complaint must be filed in federal court under the general maritime law. More information, on the Jones Act and the General Maritime Law Doctrine of unseaworthiness can be found at

https://www.newyorktriallawyers.org/accidents-at-sea/

1 Answer | Asked in Admiralty / Maritime for New York on

Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?

Michael H. Joseph answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance

1 Answer | Asked in Admiralty / Maritime for New York on

Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?

Michael H. Joseph answered on Sep 1, 2017

If your vessel went to a foreign port, there is a penalty wage statute, which gives you double wages for every date that they are not paid.

1 Answer | Asked in Admiralty / Maritime for New York on

Q: What is the statute of limitations under the Jones Act for injuries at sea?

Michael H. Joseph answered on Jul 20, 2017

With certain exceptions for government owned vessels, it is three years.

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