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.
Michael A. Winkleman's answer 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.
Gordon Charles Webb's answer 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?
Joseph S. Stacey's answer 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.
Joseph S. Stacey's answer 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 costs to the point of hire. There are only a few exceptions to payment of these entitlements. Also, a union contract can dictate a maintenance rate. Maintenance and medical expenses must be paid...
Joseph Jaap's answer 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 in one court decision might conflict with a definition in a different court decision. Get am OH watercraft license and talk to ODNR if the answer is not on its web site: http://watercraft.ohiodnr.gov/
Mr. James Parrish Coleman's answer 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.
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