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New York Admiralty / Maritime Questions & Answers
2 Answers | Asked in Admiralty / Maritime for New York on
Q: The question is how does General Average play a role in today’s maritime industry?
James L. Arrasmith
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answered on Nov 28, 2023

General Average is a principle in maritime law that is still very relevant in today’s maritime industry. Here's how it functions and its role in modern shipping:

Definition of General Average: General Average is a maritime principle that dates back to ancient maritime law. It...
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2 Answers | Asked in Admiralty / Maritime for New York on
Q: The question is how does General Average play a role in today’s maritime industry?
Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

It still plays a role, and the principle is invoked in modern times. But the hazards of maritime transport have changed a great deal with modern vessels. General average has its historic roots in an age where vessels faced greater risk due to storms, navigational errors, equipment failures, etc. -... View More

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3 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i got hurt on a cruise ship as a passenger is there anyway i could get back my money i had to pay for the jones act.

I have medical records from doctor telling me that i should go home and to not continual to stay on cruise. Fell in room.

James L. Arrasmith
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answered on Mar 5, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured while working on vessels, including cruise ships. However, it does not provide any direct compensation to passengers who are injured on a cruise ship.

If you were injured on a cruise ship as a...
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3 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i get hurt on a cruise ship as a passenger should i have to pay the jones act fee???. I fell and i have doctor report
Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

I'm sorry about your accident. The Jones Act applies to crew members of vessels sailing under the U.S. flag. Passengers have different routes for pursuing claims. If you reached out to attorneys who handle cruise ship accidents, they should be able to advise what your next steps should be, if... View More

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3 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i get hurt on a cruise ship as a passenger should i have to pay the jones act fee???. I fell and i have doctor report
James L. Arrasmith
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answered on Mar 5, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured while working on vessels, including cruise ships. However, it does not provide any direct compensation to passengers who are injured on a cruise ship.

If you were injured on a cruise ship as a...
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2 Answers | Asked in Libel & Slander, Personal Injury, Contracts and Admiralty / Maritime for New York on
Q: How much is the bond paper my birth certificate is printed on worth? Was born in 83

The CUSIF number related to my long form birth certificate. Wonder how much it is worth.

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2024

This doesn't look like it involves an admiralty/maritime matter (one of the posted categories), but you're awaiting a response for two weeks. There is material written on this online, but much of it is from commercial sources. Until you're able to consult with an attorney who is... View More

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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... View More

Tom Evans
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
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,... View 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
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...
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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
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... View 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
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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
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... View 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
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... View 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
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...
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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
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... View 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
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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
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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
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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... View 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
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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
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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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