Good morning to Captain and Crew alike, and welcome to the Admiralty Docket.
ADMIRALTY LAW APPLIES TO COMMERCIAL AND RECREATIONAL VESSELS ALIKE
Often, those involved in one of the many scenarios in life on the coast which bring them into contact with the maritime laws are unaware of the fact that admiralty lawyers can be of assistance to them in analyzing their rights and responsibilities and assisting them in situations which sometimes are troublesome for both the lay person and lawyers who do not regularly practice in the maritime field. Some of these situations are:
Injury or Death of a Crewmember or Passenger: The Jones Act, the Death on the High Seas Act, the Limitation of Vessel Owners’Liability Act, and other statutory and General Maritime Law provisions govern your rights and responsibilities for injuries and deaths aboard or associated with a vessel in navigation. This is equally true of vessels of all shapes and sizes, from jet-skis to container ships. Maritime attorneys can provide specialized advice to the injured victim or his/her family members, or conversely, to the owner/charterer/user of the Vessel involved in the casualty.
Vessel Collision or Allision: Whether the Vessel(s) involved are jet-skis, small recreational boats, sailboats, yachts, for-hire charter boats, or one of the many types of commercial vessels, investigating the facts and applying them to the navigational rules and regulations as well as the other potential factors involved in determining the underlying cause of a collision or allision can be of utmost importance in an admiralty case. In addition, the Pennsylvania Rule, the Rule of the Oregon, and the Louisiana Rule are burden-shifting doctrines which may apply under the right circumstances to aid prevailing at trial of a collision case. In collisions and allisions of Vessels with fuel on board, the Oil Pollution Act of 1990 and other statutory schemes have penalty provisions for owners and operators of vessels which make oil and fuel pollution control both urgent and mandatory. In addition to liability for the underlying casualty claims, these potential penalties can prove to be costly if not dealt in a timely manner by those experienced in the field.
Vessel Hull or P&I Insurance Claims: Sometimes, after you have dutifully paid thousands of dollars in premiums, your insurers abandon you when you need them the most. Maritime lawyers can many times help get them to pay claims as agreed in the policy.
Vessel Warranty Claims: The purchase of a new boat or yacht can be an extraordinarily expensive venture these days. Defects in the hull and machinery are often covered by written or implied warranties made by the dealer and/or manufacturer. These claims are sometimes denied as well, and maritime attorneys are well equipped to assist the purchaser in getting the vessel fixed or recovering the value of the repairs from the dealer or manufacturer.
Other Maritime Casualties: Maritime casualties are often multi-faceted and can encompass many different areas of the law. From trespass to injury to insurance to cargo claims, admiralty and maritime attorneys are uniquely situated to help those who have problems on or near the waterfront.
At the law offices of Cooper and Bilbrey, P.C., WE COVER THE WATERFRONT with regard to admiralty and maritime law. Call us today if you think that you may need assistance with whatever problem comes your way on the water. WWW.JHCOOPER.COM
