Get free answers to your Admiralty / Maritime legal questions from lawyers in your area.
Your current state is Ohio
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
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
sue the other ship if it was at fault?
answered on Aug 13, 2018
It is possible that legal causes of action could arise against both vessels. Maritime law prescribes to the doctrine of comparative liability. This means that in a collision setting in general (the particular details and circumstances of your vessel's collision are not outlined here), both... View More
I owned stock in a oil drilling company think it was ocean rig there was a bunch I would have to call fidelity to be 100% sure. Bought the stock800-900 shares for a buck each when oil tanked. They restructured right as oil bottomed out got out of anyone who had like less than 10000 shares and now... View More
answered on Jul 6, 2018
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.
answered on Jul 5, 2018
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?
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... View More
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?
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
answered on Jun 11, 2018
The general maritime personal injury statute of limitations is 3 years.
46 U.S. Code § 30106 - Time limit on bringing maritime action for personal injury or death. Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort... View More
Also, at what point legally do my verbal warnings become construed as threats that may be used against me in Court, given that the trespassers are standing on my vessel?
answered on Jun 9, 2018
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... View More
injured due to the negligence of another contract worker. Is this true?
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.
Being sued by collecter can I dispute credit reports and will that stop the collector allowing me to get case dismissed since they cannot continue and there’s time limits
answered on May 21, 2018
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.
one?
answered on May 18, 2018
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.
medical expenses instead?
answered on May 2, 2018
Yes. The employer and ship are both liable for a crew injury.
I was on a 7 day cruise from miami and I racked up a $6000 bill in the Casino, I was unable to pay so i Left the Ship at the jamaican port. The ship does not fly under a US Flag. Now the sheriff in miami is threatening me that he is going to get a warrant and arrest me. Is he just pulling my leg... View More
answered on Apr 26, 2018
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?
of limitations. I thought I had 3 years to file my personal injury suit?
answered on Apr 23, 2018
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.
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
It is my understanding that you are allowed recreationally use (kayak) navigable water ways in Ohio so long as you don't trespass on private land. I have legal access to a stream deep enough for kayaks, if I can get a court to answer if the stream is a "navigable" water way I will... View More
answered on Apr 9, 2018
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... View More
will only reverse the divorce if there is a good reason. Son n law was just diagnosed with PTSD from the war and he doesn't want to leave his family. Lawyer says this isn't a good enough reason. Where do they go from here?
answered on Apr 6, 2018
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.
Every attorney I have talked to has said "Oh, we don't practice that type of law." What type of practice will take a case against the city? I believe the case involves violations of state statutes and federal civil rights under color of law under 42 USC 1983.
answered on Apr 2, 2018
Go online and look for an attorney with experience handling civil rights claims.
In Hawaii, coastal ocean waters and beaches are owned by the state. If a boat is legally anchored in a state owned harbor off the coast of a popular beach that has a major hotel nearby, and hotel employees come down to the waters edge on the beach and try to scare you away with a megaphone, then... View More
answered on Apr 2, 2018
No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.
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