Admiralty / Maritime Questions & Answers by State

Admiralty / Maritime Questions & Answers

Q: How do I find the holder of my Trust account?

1 Answer | Asked in Contracts, Real Estate Law and Admiralty / Maritime for Nevada on
Answered on Oct 18, 2018
Timur Akpinar's answer
If you additionally posted this question in the Banking and Probate sections, attorneys who are familiar with trust accounts could have a better chance of picking it up.

Tim Akpinar

Q: can president trump impose martial law.

1 Answer | Asked in Admiralty / Maritime for Illinois on
Answered on Oct 14, 2018
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.

Tim Akpinar

Q: I don't believe I was compensated properly while working as a cruise member.

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Oct 12, 2018
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...

Q: I was injured offshore in work-related accident. What's the maximum amount of maintenance I can get, and how soon?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Oct 9, 2018
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.”

Tim Akpinar

Q: Who would take a case re: suing Port Hueneme Harbor Patrol for sinking my commercial vessel while under their control?

2 Answers | Asked in Personal Injury and Admiralty / Maritime for California on
Answered on Oct 3, 2018
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.

Q: As a boat owner, what are my legal obligations to guests on my boat if they slip and fall?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Sep 19, 2018
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.

Q: Can a U.S. person with flying disabilities take a cruise ship from LA to Hawaii and then a different ship back to LA?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Sep 9, 2018
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...

Q: In a Maritime case filed in Illinois, what, if anything, must litigant file before filing complaint?

1 Answer | Asked in Admiralty / Maritime for Illinois on
Answered on Sep 8, 2018
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...

Q: What is the statute of limitations under the Jones Act for injuries at sea?

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Sep 7, 2018
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...

Q: How are boating "DUIs" handled in NY?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 1, 2018
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...

Q: I slipped and fell on the Staten Island Ferry. Because the accident happened at sea, will it be treated differently?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 1, 2018
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...

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

2 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Jul 25, 2018
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.

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

1 Answer | Asked in Bankruptcy, Admiralty / Maritime, Energy, Oil and Gas and Mergers & Acquisitions for Florida on
Answered on Jul 6, 2018
Timothy Denison's answer
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.

Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jul 5, 2018
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.

Are you a passenger or a crewmember?

Q: why does an attorney not disclose the fact that a man or woman is submitted to the jurisdiction of court once hired?

2 Answers | Asked in Contracts, Criminal Law, Traffic Tickets and Admiralty / Maritime for New York on
Answered on Jul 1, 2018
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.

Q: Do district courts still have original jurisdiction over acts of piracy committed on international waters?

1 Answer | Asked in Admiralty / Maritime, International Law and Criminal Law for New York on
Answered on Jun 14, 2018
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.

Hope that helps,

Aubrey C. Galloway III, Esq.

(914) 912-1555

Q: How long do I have to file a claim if I get injured while working on a fishing boat?

4 Answers | Asked in Admiralty / Maritime for Texas on
Answered on Jun 11, 2018
Gordon Charles Webb's answer
3 years for a Jones Act claim. Consult with a maritime attorney ASAP.

Q: If someone boards my vessel without permission, then refuses to leave, how may I legally evict them?

1 Answer | Asked in Admiralty / Maritime on
Answered on Jun 9, 2018
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.

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

3 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 30, 2018
Gordon Charles Webb's answer
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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