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Admiralty / Maritime Questions & Answers

1 Answer | Asked in Admiralty / Maritime for Texas on

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

Tim Akpinar answered on Oct 9, 2018

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... Read more »

2 Answers | Asked in Personal Injury and Admiralty / Maritime for California on

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

Vessel was impounded for no insurance. While in their slip, in front of their patrol window my vessel sunk due to their negligence. I was not allowed to maintain my vessel or check on it. I have voicemails, emails, and phone conversation recorded as proof of their fault.

William John Light answered on Oct 3, 2018

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... Read more »

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2 Answers | Asked in Admiralty / Maritime for New York on

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

Michael H. Joseph answered on Sep 19, 2018

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.

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1 Answer | Asked in Admiralty / Maritime for Florida on

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?

One way cruise to Hawaii and a return say a week later on another cruise ship?

Tim Akpinar answered on Sep 9, 2018

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,... Read more »

1 Answer | Asked in Admiralty / Maritime for Illinois on

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

T. J. Jesky answered on Sep 8, 2018

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... Read more »

2 Answers | Asked in Admiralty / Maritime for Texas on

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

Tim Akpinar answered on Sep 7, 2018

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... Read more »

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1 Answer | Asked in Admiralty / Maritime for New York on

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

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 offenses,... Read 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 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... Read 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?

Gordon Charles Webb answered on Jul 25, 2018

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.

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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... Read more »

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 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 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 with...
Read more »

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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 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... Read 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?

Gordon Charles Webb answered on Jun 11, 2018

3 years for a Jones Act claim. Consult with a maritime attorney ASAP.

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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 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... Read 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 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 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 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 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... Read more »

Gordon Charles Webb 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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