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Florida Admiralty / Maritime Questions & Answers
2 Answers | Asked in Admiralty / Maritime and Personal Injury for Florida on
Q: I was on a Norwegian cruise and got hurt on their island, in an area that had no signs posted swim at your own risk.

I ended up having to go back to the ship to have my injury seen by a doctor. I only signed a document for treatment, I did not sign for the Medical Services Bill that state I will not hold them liable and that I will accept paying the bill. They are now trying to send me to collections. What can... View More

Gordon Charles Webb
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Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 12, 2018

You most likely will need to sue them in Florida. Typically you must send them a Notice of Claim letter within 6 months of the incident and then file suit within one year of the incident. So best you consult with a Florida lawyer ASAP.

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1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2017

You have the obligation to remove it. For specifics refer to your agreement with the marina.

2 Answers | Asked in Admiralty / Maritime for Florida on
Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 2, 2017

No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.

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1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I want to sue the captain of a ship I was working on for an injury sustained on his vessel while located off the coast

of Florida. He's not American though. Does that matter?

Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 8, 2017

You do not provide enough facts for a definitive answer. If you are a foreign seaman working under a collective bargaining agreement on a foreign flag vessel with a mandatory arbitration remedy, then, the answer is no. If you are a seaman whose employment originated in a US port, and you were... View More

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Florida on
Q: the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993).

I'm a college student studying business, I have read the case and can't determine who won after the Union appealed the vacating of the arbitration award. Who won the case Exxon Shipping Corporation v. Exxon Seamen's Union, 11 F.3d 1189 (3rd Cir. 1993). Exxon Shipping or Union? If Union why?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 24, 2016

Here is the summary of the opinion:

"The Exxon Seamen's Union has appealed from a district court order vacating an arbitration award that required the Exxon Shipping Company to reinstate an able bodied seaman on an oil tanker who was found to be highly intoxicated while on duty./...
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1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to file for an emergency post seizure hearing to file a complaint on a wrongful arrest of a sailing vessel

I have all my details of evidence put together and I need to get in front of the judge that signed off on the arrest.

I have been told by the clerk of court to file the motion of request by filling out the general docket form and mailing this request in to the judge and then I have to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2016

Is this case in federal district court (Admiralty rules and jurisdiction)? If so, I expect that you can request a hearing electronically. If you will send me the case number and district (There are three federal districts in Florida), I would be happy to look at it for you.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Status of Odyssey Marine Exploration (OMEX) "Black Swan" ? Case 8:2007cv00614 Florida Middle District Court. Status ?

Feb 28 2011 there was supposed to be a hearing, what transpired ? When is the next hearing and where can I read about it. First year college student. Thanks.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

You could call and ask a clerk this question.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: My 54 foot boat was damaged while tied up in my slip at a private yacht club by a passing boat in the ICW makeing a huge

Wake. The bow was thrown into a fixed piling. The damage exceeds $10,000.00. This occured in Fl. Does this fall under maritime law. The investigating officer said the operator of the passing vessel is at fault and responsible for his wake. I have been without the use of my boat for more than a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 8, 2015

Did you have a question? Can you sue? Yes.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: A man who rented my boatlift stopped paying 2 months ago and I can't reach him. The boat's still there. What can I do?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 7, 2015

Find him. Get a lien on the boat and eventually sell it, if that can be done. Consult with a local attorney.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: What CFR Reg / s apply to who is allowed to see the official logbook? I am trying to deny access and need the rule
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 6, 2015

You have not given enough facts or even the context from which you ask this question. Go see an attorney if it is still a problem.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: In an admiraty lawsuit, does the defendant have to appear in court or can he appear telephonically?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 4, 2015

You asked this question over two years ago. I hope you found an answer when you needed it.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: What is the requirement for a boat 17ft in length.
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 4, 2015

What requirement are you talking about, and have you asked the government people yet who issue licenses?

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: how long are you allowed to anchor off the Florida keys if you are out side the 3 mile limit
Robert Jason De Groot
Robert Jason De Groot
answered on Apr 14, 2015

I do not know and I am quite sure that you are not going to get an adequate response on this forum. It would probably be best to actually go see a local attorney who might have some experience in this type of law.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to kow about my status recording for demands, but I don't remember the judge's name, what can I do?
Robert Jason De Groot
Robert Jason De Groot
answered on Mar 23, 2015

Where was the court? Try to find out on the internet who the judge was. They are usually listed at the court website.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Is it a breach of maritime law for a staff captain to sign a disciplinary form to say he witnessed a test when he did'nt

If so , have the company involved failed by allowing this to have taken place even in the knowledge that the Staff Captain lied on the form,and lawyers at the firm have also ignored this and many other instances of breaches of policy,procedure and company conduct?

Robert Jason De Groot
Robert Jason De Groot
answered on Mar 16, 2015

Did you actually go see an maritime attorney about this? That is always the very best thing to do, to go see an attorney. Maritime attorneys do not usually answer questions on this forum.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Boarding a ship with out the permission of the Capt. is it illegal? and is it a act of piracy?

I am a writer and am doing a article for several web sites and mag's on the boarding laws past and present. Maritime law or Admiralty law

Charles R. Lipcon
PREMIUM
Charles R. Lipcon
answered on May 16, 2013

Yes, boarding a ship without the permission of the captain or an officer or crewmember designated by him is a violation of international maritime law. At the very minimum, the individual boarding the vessel without permission may be considered a stowaway, but in many countries, doing so qualifies... View More

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Florida owns the water and the Bay System, so if I build a pier, can I legally keep boaters off of it.
Francis M. Boyer
Francis M. Boyer
answered on Aug 23, 2012

Indeed the State owns the water, at least up until a certain level. If you build a pier, meaning after obtaining a permit for building it on your land an extending into the river or sea, you can kee people off that very pier.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: Can i file charges of piracy against a city municipality for taking my houseboat in Holly Hill, FL?
Robert Jason De Groot
Robert Jason De Groot
answered on Jul 24, 2012

One would have to know a lot more of the facts before even trying to answer this question. Probably not is all I can say without knowing more. You have to give any subdivision of the state 6 months notice before filing suit.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: What is the number of life vests required on a recreational boat, the boats capacity or the number of humans on-board
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 8, 2012

Expect to get ticketed or worse (if there is injury or loss of life)if your boat does not have the larger of the two numbers of life jackets. And expect to get ticketed or worse if you have more people in the boat than its capacity. Boats can flip over or sink if they are overloaded. Also, capacity... View More

3 Answers | Asked in Admiralty / Maritime for Florida on
Q: Can someone please help me...who is liable in a boating accident, the person operating the vessel, the owner, or both?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jun 23, 2012

If the accident occurred in the ocean or an interstate navigable waterway federal admirality applies. If the accident happened on a body of water entirely within the state of Florida, state law applies. As a general rule the owner is not liable unless the owner was in some way negligent, except... View More

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