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.
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...
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.”
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.
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.
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...
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...
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...
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...
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...
Gordon Charles Webb's answer It depends on a lot of things, for example was your employer at fault, are they properly paying your maintenance and cure, was the other vessel at fault. These and other questions need to discussed with a maritime lawyer.
Michael A. Winkleman's answer 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.
Zev Goldstein's answer 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 a defendant for some things, for instance, whether to take a plea deal.
Aubrey Claudius Galloway's answer 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 attacked by pirates, the Bahamas is where legal action could be entertained.
Gordon Charles Webb's answer 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 of your actions.
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