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New York Admiralty / Maritime Questions & Answers
1 Answer | Asked in Admiralty / Maritime for New York on
Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Dec 2, 2017

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... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: My husband was injured on the job - we feel the boat was unsafe

-- is there some place to go to look up standards for this?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Nov 1, 2017

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... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: How does a seaman sue his employer for the unseaworthiness of the vessel?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Oct 13, 2017

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/

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Sep 1, 2017

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.

1 Answer | Asked in Admiralty / Maritime for New York on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jul 20, 2017

With certain exceptions for government owned vessels, it is three years.

2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?
Peter N. Munsing
Peter N. Munsing
answered on Jul 13, 2017

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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1 Answer | Asked in Admiralty / Maritime for New York on
Q: What does international waters mean and how would it affect a personal injury claim if I'm injured outside of a

country's maritime boundaries?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

Where is the port of call of the ship on which you were injured? International waters are in between the property boundaries of countries, i.e., no man's land. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: If I'm injured on a dock, does the Jones Act cover me or is this more the purview of a traditional personal injury

lawsuit?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Apr 21, 2017

It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Are injuries that occurred in dry dock covered by the Jones Act?
Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 14, 2017

No, they are covered by the laws of the state and municipality where the boat was dry docked

1 Answer | Asked in Admiralty / Maritime for New York on
Q: Are admiralty court decisions binding or can I sue in regular court if I initially lose?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 8, 2017

To what "admiralty court" are you referring? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Admiralty / Maritime for New York on
Q: If an accident occurred on a cruise ship that is sailing off the coast of New York (not docked), do I have to file the

suit against the cruise ship in a New York court?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Feb 15, 2017

Read your ticket. They usually have a clause stating where you have to file a lawsuit

2 Answers | Asked in Admiralty / Maritime for New York on
Q: My husband was injured on a boat but the owner is not from the US - can we still sue here?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
answered on Jan 27, 2017

Yes. If the operator conducts business operations in the US or has sufficient contacts with the US you could get jurisdiction. More information is needed. Did the incident occur in US or international waters? Is the owner and operator the same? What type of boat is it?

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1 Answer | Asked in Admiralty / Maritime for New York on
Q: Injured while working on a fishing boat. How long do I have to file a claim?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

See: https://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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1 Answer | Asked in Admiralty / Maritime for New York on
Q: What do I do if I was injured on a fishing boat in international waters?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

It depends on who the defendant is and where they do business. Jurisdiction rules should be analyzed based on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

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