New York Admiralty / Maritime Questions & Answers

Q: How far out does a boat have to be for federal law to apply to an injury?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Dec 14, 2018
Timur Akpinar's answer
The criteria is one more about the nature of the waters than of distance. Maritime law can apply to an injury that takes place on something known as "navigable waters," which carries with it the attribute of interstate nexus. Therefore a boat operating off the East Coast, West Coast, adjoining gulfs, or sounds can fulfill this requirement. It doesn't have to be 100 miles offshore.

Tim Akpinar

Q: My wife slipped on a wet deck recently on a cruise down to Mexico - how long would we have to file a lawsuit?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Oct 31, 2018
Michael A. Winkleman's answer
I hope your wife is doing OK.

The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the date of the incident), and a one year statute of limitations (which means any case must be filed within 1 year of the date of the incident.

Most importantly, this same fine print requires...

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: 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: 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: 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: 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.

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

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 2, 2018
Michael H. Joseph's answer
Yes. The employer and ship are both liable for a crew injury.

Q: If I am injured at sea, what type of medical benefits am I entitled to?

4 Answers | Asked in Admiralty / Maritime for New York on
Answered on Apr 14, 2018
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...

Q: What can you do to get compensation if you get hurt working on a cruise ship?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Feb 1, 2018
Joseph S. Stacey's answer
Need more information. Were you a crew member? What company? Where(location) vessel when injured. Your nationality. The answer to these questions may determine what law applies.

Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Dec 2, 2017
Michael H. Joseph's answer
If the injured person was employed on the vessel then Federal maritime law applies. If the boat was in state territorial waters both state and federal maritime law apply. If the boat is beyond the state territorial waters when the injury occurs then Federal maritime law applies

www.newyorktriallawyers.org

Q: My husband was injured on the job - we feel the boat was unsafe

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Nov 1, 2017
Michael H. Joseph's answer
If your husband was employed on a vessel, he is entitled to maintenance, which is the amount of money that he needs to live (ie, shelter food), while he recovers, as well as Cure, which is the payment of his medical bills, and if there was a dangerous condition aboard a ship, he can sue under the general maritime law doctrine of unseaworthiness. There are a lot of maritime standards which are published by the American Society for Material and Standards (ASTM) which apply to ships. If the...

Q: How does a seaman sue his employer for the unseaworthiness of the vessel?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Oct 13, 2017
Michael H. Joseph's answer
Typically, a complaint must be filed in federal court under the general maritime law. More information, on the Jones Act and the General Maritime Law Doctrine of unseaworthiness can be found at

https://www.newyorktriallawyers.org/accidents-at-sea/

Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 24, 2017
Michael H. Joseph's answer
It depends on how serious your injuries are and whether they are paying your maintenance

Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 1, 2017
Michael H. Joseph's answer
If your vessel went to a foreign port, there is a penalty wage statute, which gives you double wages for every date that they are not paid.

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

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Jul 20, 2017
Michael H. Joseph's answer
With certain exceptions for government owned vessels, it is three years.

Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?

2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Answered on Jul 13, 2017
Peter N. Munsing's answer
You want to speak with a lawyer who is a member of the NYState Trial Lawyers Assn--that handles maritime/Jones Act cases; they give free consults. No is the short answer to your question.

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