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Admiralty / Maritime Questions & Answers
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 Admiralty / Maritime for Texas on
Q: If two ships collide and I get injured while working on one, can I sue my employer for my injuries or would I need to

sue the other ship if it was at fault?

Tim Akpinar
Tim Akpinar
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

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Q: Can a bankruptcy court go back and tell a corporation they have to compensate smaller stockholders

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Admiralty / Maritime for Texas on
Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?
Michael A. Winkleman
Michael A. Winkleman
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?

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
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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

4 Answers | Asked in Admiralty / Maritime for Texas on
Q: How long do I have to file a claim if I get injured while working on a fishing boat?
Jason Robert Margulies
Jason Robert Margulies
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...
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1 Answer | Asked in Admiralty / Maritime on
Q: If someone boards my vessel without permission, then refuses to leave, how may I legally evict them?

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?

Gordon Charles Webb
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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

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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Q: Can a credit dispute halt an ongoing suit in court ?

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

William John Light
William John Light
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.

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2 Answers | Asked in Admiralty / Maritime for Texas on
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

one?

Michael A. Winkleman
Michael A. Winkleman
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.

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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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2 Answers | Asked in Admiralty / Maritime for Florida on
Q: Can I be arrested if I left a cruise ship in Jamaica owing them $6000?

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

Gordon Charles Webb
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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?

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2 Answers | Asked in Admiralty / Maritime for Texas on
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

of limitations. I thought I had 3 years to file my personal injury suit?

Joseph S. Stacey
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Joseph S. Stacey
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.

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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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1 Answer | Asked in Criminal Law, Real Estate Law and Admiralty / Maritime for Ohio on
Q: How do I ask an Ohio court to determine if a water way is or is not "navigable"?

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

Joseph Jaap
Joseph Jaap
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

1 Answer | Asked in Divorce and Admiralty / Maritime for Alabama on
Q: Daughter and son n law filed for divorce. Judge signed March 12, 2018. They have changed their minds. Lawyer says Judge

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
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.

1 Answer | Asked in Admiralty / Maritime, Civil Rights, Gov & Administrative Law and Libel & Slander for Florida on
Q: I have been done seriously wrong by the city of Edgewater, Florida. How can I find a lawyer who will fight the city?

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.

Gordon Charles Webb
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answered on Apr 2, 2018

Go online and look for an attorney with experience handling civil rights claims.

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

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

Gordon Charles Webb
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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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