Admiralty and Maritime Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Admiralty and Maritime.
November 18, 2015 By Lex Marine Law Office
There are numerous articles devoted to the procedure and problems related to arrest of ships in Ukraine, but the question of indemnification of damages which may be caused to Owners (beneficial owner, bareboat or time charterer) in connection with arrest or detention of their vessel has not been thoroughly covered yet.
August 30, 2015 By Karbal & Co.
Hosting one of the world’s largest ports, Dubai has rapidly expanded to become a leading maritime hub. As an expected consequence of the growth of Dubai’s maritime industry, the number of marine accidents has steadily increased over the past few years, as Dubai Port police have reported that there were 53 maritime accidents in 2013, 37 accidents in 2012, and 34 accidents in 2011. According to Marasi News, 9 of the 37 accidents that had taken place in 2013 were collisions.
There has been a debate in many countries on the degree of liability of the carrier and a freight forwarder on the issue of cargo claims; is a freight forwarder a principal or an agent?
It is a known fact that the Libyan people are still struggling to establish a strong central government in order to fulfill the hopes and aspirations that inspired the revolution of February 17, 2011.
If you are involved in the shipping industry, you will be only too aware of how quickly challenging and difficult legal problems can arise at sea. When you need to make an insurance claim, the complexities of maritime law can present real barriers to getting the swift resolution you need.
Summer travel is one of our country's favorite activities. With nearly 60% of Americans planning to travel more than 100 miles from home, it's no surprise that once in a while, we'll get a call. Accidents happen. Even on vacation.
Many in the commercial fishing industry are prone to a high frequency of injuries and even death. The most common causes of injury and fatalities on commercial fishing vessels occur due to falling overboard, drowning, hypothermia, and equipment malfunctions. Most fishermen don’t realize that the Jones Act covers them when they suffer injuries at sea. Fishermen and other seamen that suffer injuries at sea are not covered by the traditional workers’ compensation laws.
A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common design’. The case of Sea Shepherd UK v Fish & Fish Limited 2015 UKSC began in 2010, when a fish farm operator was transporting live Bluefin tuna.
Cruise Ship companies, such as Holland America, can be held liable for injuries that occur during shore excursions.
Under the Jones Act, an individual who suffers injuries while working at sea is entitled to sue the employer and owner of the vessel for injuries that are the result of negligence. The individual working at sea is called a “seaman” and individuals who are crew members to captains of vessels fall into this category. Even part-time seamen who spend 30 percent of their time at sea qualify under the act. There are multiple ways where vessel owners will try to limit their liability.
Emily Fedorko was 16 years old when she lost her life in a fatal boating accident while tubing on the Long Island Sound last summer.
Individuals who work at sea are considered seamen for the purposes of the Jones Act. These individuals must spend a significant amount of the time they are employed at sea working on a vessel or boat. The Jones Act is a federal law, passed in 1920 that gives seamen, from crew members to captains, who suffer injuries or even death the right to sue their employers for damages under state or federal law.
In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including non-payment of fees. If you are experiencing difficulties with delayed payments, whether as a vessel owner or a chartering party, you need swift, expert legal advice.
Keep yourself safe while boating and avoid these common reasons for boating accidents.
The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a contract. The judges examined the extent to which parties have the contractual power to form an opinion, and affirmed the need for decisions by contractual fact-finders to be reasonable.
A seaman may be entitled to money damages in a maritime accident. The Jones Act, found at 46 U.S.C.A. §688 (46 U.S.C. 30104), allows for a seaman to recover for injuries suffered during the course of his employment while at sea. The family of a seaman who is killed during the course of his employment may also file a suit under the Jones Act. Whether the injured party is able to recover will depend upon the actions of the those who control the ship.
In Maritime law, I have personally witnessed crew members of a vessel receiving benefits under the LHWCA while seeking a lawyer for maintenance and cure under the Jones Act. Many lawyers incorrectly assume classification as a "Longshore Harbor Worker" excludes "Seaman" status under the Jones Act. While this would seem a logical inference, logic does not live in a vacuum. With changing circumstances, an inference can change.
Maintenance and cure are damages that have been recognized in Admiralty law for hundreds of years. Maintenance and cure damages allow for support of a seaman who was injured or falls ill while at sea. The support must be paid by the employer. What happens if the seaman falsely reported that he had no pre-existing injuries to his employer on his job application? Can the employer seek restitution for money paid for injuries the seaman failed to disclose? This article addresses these questions.
Learn if you qualify for Admiralty or Maritime Law if you have been injured while serving upon a boat in navigable waters.
If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with which you are obliged to comply. When it comes to business at sea and in port, it is essential to ensure that you are fully compliant in order to protect you, your employees, your clients and your business.
A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC Mediterranean Shipping Company1, the courts looked at the implications of a party who, when faced with potential repudiation, chose instead to affirm a contract and claim demurrage charges.
The Authority for Transport in Malta has advised that following consultation with all the stakeholders involved, the Commercial Yacht Code 2010 has been revised.
A recent contract dispute demonstrates the need to secure expert shipping law advice as soon as possible, particularly if the contract in question contained a jurisdiction clause, which can affect both the outcome of the case and any damages awarded.
Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best intentions and the most rigorously drawn up agreements, contentious issues may arise.
Water skiiing is a lot of fun. The thrill of “standing” on the water, whizzing along at incredible speeds, and the inevitable splash at the end. But, what happens when something goes wrong and someone is injured while out there water skiing?
If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel, resort or business, first it should be informed about the requirements to obtain a concession in the maritime zone. To have a concession means that the person doesn’t acquire the property, but obtains a permit for using it, that allows the exploitation and enjoyment of the land, according to the parameters established by the local regulatory plan.
No one sets sail on a vacation cruise expecting to sustain a serious injury or illness. But passengers who do require medical treatment expect that the care they receive will be delivered according to the recognized standard of care. When they are harmed by medical negligence, they may have available the legal right to hold those responsible accountable.
A cruise vacation is supposed to be a relaxing, enjoyable experience. But, they do not always end that way. An increasing number of passengers in recent years have experienced illness or injuries while on their vacation. Often, this has been the fault of the cruise line, itself. If this happens, what can you do?
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the important frequently asked questions on vessel arrest in Tunisia
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel. Let's see the applicable procedures to arrest a ship in Tunisia.
The best option available to a party seeking to obtain security for a maritime claim against a shipowner is, certainly the arrest of the vessel.
If you are involved in the maritime and shipping industry, you will be only too aware of how swiftly you can sail into legal hot water.
Transport Malta, the Authority responsible for the Malta Ship Register in Malta, has reported that as at the end of December 2014 Malta’s ship registry saw a growth of 13.6%, which is equivalent to over six million gross tonnes and a growth of 18% in yacht registration, totalling the number of merchant vessels under the Malta flag over 2,500, making the Malta Ship register the sixth largest in the world and the largest in Europe.
Through Legal Notice 22 of 2015, the individuals who are qualified to own Maltese vessels, have also been extended to include citizens of the European Economic Area and of Switzerland, while prior to this amendment this was limited only to citizens of the European Union.
Cyprus features the most efficient tonnage tax scheme in the EU, approved by the European Commission.
A vessel was hijacked in the Gulf of Aden by Somali pirates. Unfortunately for cargo owners and insurers, the High Court in the UK has ruled that additional classes of expense - including wages paid to crew, and bunkers consumed during the period of the hijack - could be recovered by ship owners from cargo interests.
How will the courts interpret shipping insurance clauses, particularly typhoon and storm warranties?
The Authority for Transport in Malta plans to issue a request for proposals for the development and operation of an all-weather marina with up to 240 berths and shore facilities at Sa Maison in Pietà.
The U.S. Coast Guard recently released statistics regarding recreational boating fatalities. The good news is that fatalities are down nearly fourteen percent in 2013 from the year before. This decrease reflects a concerted effort to encourage boating safety.
Libya is largely dependent on imports, consisting mainly of industrial and food commodities. Libya’s biggest trading partner is the European Union and Italy leads with 30% of Libyan imports. This significance of the Libya/EU trade-link across the Mediterranean is undisputed as the seaports of Libya are invigorating their connections to the southern European seaports.
The Texas Parks and Wildlife Department is zeroing in on boaters and watercraft operators driving under the influence of alcohol. Local task forces have been developed in various high volume boating and recreation areas across Texas.
Arizona has more lakes and rivers than many people assume. However, the state also has the fifth highest boating accident rate in the country. Why is that?
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.
Last month Judge Padovani Grima ordered the Ladybug Corporation to pay the 22 crew members, the sum of €205,694, in lieu of salaries and repatriation expenses, after that the owners had stopped communication with the International Transport Workers’ Federation, refused to take calls and had abandoned the crew and vessel.
We consider how the recast Brussels Regulation is aimed at reinforcing exclusive jurisdiction agreements within the EU.
Why the one-year old Jackson civil litigation reforms need to be taken seriously by everyone involved in English litigation, including parties, experts and lawyers.
A review of three recent decisions dealing with a ship manager’s right of arrest under Hong Kong law.
Piracy is a prevailing problem with no reasonable solution in sight. How safe is your ship or consignment passing through the seas surrounding Malaysia and what laws apply to this region?
Perhaps one of the most prolific – and horrendous – cruise ship accidents in recent memory was the January 2012 sinking of the Costa Concordia. When the ship ran aground off the cost of Italy, 4,200 passengers and crew members were forced to evacuate. Unfortunately, dozens of passengers were injured and a yet-still-unknown number killed.
Most of us are familiar with the concept of driving under the influence (DUI) or driving while impaired (DWI), but how do these translate to boating? Is it illegal to boat while drunk? If one is cited for boating under the influence, will that affect their driving license? Can you be given a breathalyzer on your boat?
When registering a vessel for international travel, one must choose a nation under the flag of which that vessel will sail. The term “flag of convenience” refers to registering a ship in a sovereign state different from that of the ship's owners.
Recently, the Centers for Disease Control and Prevention (“CDC”) released additional inspection reports for its Vessel Sanitation Program (“VSP”), which is designed to assist the cruise ship industry in preventing and controlling introduction, transmission, and spread of gastrointestinal illnesses, i.e. food poisoning, on cruise ships.
If you or someone you know has been in a boating accident, you understand how scary the whole event can be. Not only is someone injured, a boat may be damaged, and there may have been a very real fear of drowning as part of the accident. This can lead to long-term anguish and other injuries. Moreover, since it is not the familiar scenario of a car accident, who is responsible? Who do you report the accident to, if anyone? Is there insurance coverage? Who is liable?
This article provides corporate counsel and international practitioners with a comprehensive legal analysis of shipping law and regulations in Ukraine.
The Maritime Labor Convention has come into force on the 20th of August 2013, after its adoption by the International Labor Organisation in February 2006.
A New Hampshire resident is facing criminal changes after a boating accident that happened last year.
A vacation aboard a cruise ship can be a memorable experience, an affordable, all-inclusive vacation option, and a great way to see exotic ports of call. But, what happens when something goes wrong and your memories end up being of sickness, injury, inadequate medical care, fire, being stranded, crime, or even the wrongful death of a loved one?
On the 29th July 2013, the VAT Department published guidelines in relation to the Malta VAT treatment of short-term yacht charters starting in Malta, which guidelines are largely similar to the interpretation which applicable to long-term yacht leases.
Workers’ compensation and Jones Act maritime injury claims are very different. The only similarity is that they provide compensation for injured employees.
There are times when settling a Jones Act claim out of court may lead to more compensation and ultimately be the best option for an injured maritime worker.
Every year, thousands of people are injured or die in swimming pool accidents. According to the Centers for Disease Control, about 3,500 people per year drown in accidents unrelated to boating.
The federal Ports and Waterways Safety Program establishes rules for safe operation of vessels. Violations may result in injury or death of a maritime worker.
The time limitation of actions against shipper, consignee, or B/L holder is one year.
Shall a Port Operator be Responsible if he Releases Goods Against a Delivery Order with a Release Stamp? China
The port operator has no fault in delivering the goods against a valid delivery order.
By virtue of Legal Notice 153 if 2013, measures contained in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended, and in Directive 2012/35/EU of the European Parliament and of the Council of 21st November 2012 on the minimum level of training of seafarers are being adopted.
Even when maritime employees don’t meet the Jones Act claim requisites for a maritime accident, there’re still other legal options available through a Louisiana maritime lawyer.
Congress passed the Maritime Transportation Security Act of 2002 to increase maritime safety. A Louisiana maritime attorney in New Orleans explains what seamen need to know.
In the judgement S&D Yachts Limited vs MY Nautonnier delivered by the Court of Magistrates in Malta on the 3rd May 2013, it was held among other things that a vessel registered as a commercial yacht was not automatically entitled to an exemption from VAT.
Further to ratification of the Merchant Shipping (Maritime Labor Convention) Rules of 2013, the Maltese Authority has announced that Recognised Organisations may commence with the DMLC II reviews and the conduct of on board inspections.
The Longshore and Harbor Workers Act enables seamen to receive workers’ compensation claims when injured. While not one and the same, both the Jones Act and workers’ compensation award injured seamen monies on the job. With workers’ compensation, employees simply need to be injured on the job to receive medical and financials benefits.
The Ocean Shipping Reform Act of 1998 was passed by congress, changing regulations for companies in the marine shipping and transportation industry.
For Jones Act settlements, many injured seamen are quick to take any offer given by their employer. A Louisiana maritime attorney in New Orleans can offer advice on a Jones Act claim.
The 2013 amendments to the VAT legislation brought about changes to the place of supply rules in relation to long-term leases of yachts (leases for more than 90 days) to a non-taxable person.
All watercraft accidents must be reported to the National Park Service within 24 hours.
The Merchant Marine Act of 1920, also known as the Jones Act, is a law that protects injured maritime workers, whom a Louisiana Jones Act lawyer can represent.
Workers injured in cruise ship accidents may recover lost wages if employer negligence is to blame. Tips may be estimated based on averages and income tax returns.
Wrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.
OSHA regulations for maritime professions include rules pertaining to shipyard employment, marine terminals and longshoring. Coast Guard rules may apply to vessels at sea.
Jim Walker, an internationally known maritime lawyer and cruise safety advocate, has prised Malta for “standing up to the cruise industry”.
U.S. Coast Guard regulations are in place to enforce maritime safety.
The Government of Malta has deposited with the International Labor Office of the United Nations, the instrument of ratification of the Maritime Labor Convention, 2006 (MLC, 2006) on 18th of January 2013 in Geneva.
There are OSHA safety standards for vessels that employers must enforce to ensure ship fire safety. Violating standards could result in a Jones Act maritime claim.
Maritime lawsuits can result from seamen being injured by slips, trips and falls while on the job.
Lawsuits for emotional distress can be filed by injured maritime workers and others. On the Gulf Coast, contact a Jones Act maritime attorney at The Young Firm.
A judgment may be enforced in the Country or State of its origin. Obtaining a judgment in Country A and having to enforce it in Country B, as the debtor has its assets in that Country isn't that easy as a legal decision of a foreign State will not automatically be accepted as a legal title. Most of the time (and unless treaties have been signed to facilitate things) it will be necessary to obtain a decision of the other Country. This is called the EXEQUATUR of a foreign decision.
Filing a Jones Act claim doesn’t necessitate an accident report or a recorded statement. If you’ve been injured at sea, a Gulf Coast maritime attorney can review your case.
This is an Article regarding changing a price quote by an international forwarder
What your legal rights are as an injured longshoreman? You may be entitled to benefits covered under the LHWCA.
Now the world is becoming small, there are many people want to live in foreign countries, especially the developing countries, China, there are many opportunities in here, but the risks are exist at same time. So find a attorney before you go abroad. This is the true fact that I met during my attorney practice, for the secret of the person, I do not use the true name of the person.
A Gulf Coast attorney who handles Jones Act law cases can help when you’ve suffered a maritime work injury. The attorney you choose to work with should have a lengthy history with Jones Act regulations, resources in the field who can help prove your case, and a stellar reputation in maritime law.
As an international trade attorney in China, I have tackled many case of international trade dispute. I think if buyer has advice before buying goods in China, then they can have successful business, if not, they will lose thoroughly.
Both residents that reside in Miami, Florida and tourists just visiting the extravagant city take advantage of the beauty by taking boats out on the water. While being on a boat is great fun many act irresponsibly mixing their boating experience with alcohol and ultimately find themselves getting charged with boating under the influence. Here are answers to common questions when charged with a BUI in Florida.
Learn about the differences between a DUI and a BUI in the State of Florida from a Florida Criminal Defense Lawyer. - The Operator - Unlike a motor vehicle, a boat can be operated without a driver. When it comes to DUI (driving under the influence), it’s easy to tell who is driving or operating the motor vehicle—the person behind the wheel. However, when it comes to BUI (boating under the influence), it can be a little more difficult to determine who is operating the boat.
Find out what to do if you are charged with boating under the influence in the State of Florida. The Florida courts take BUI charges seriously due, in part, to the unfortunate fact that Florida has more annual recreational boating deaths than any other state and that one third of these recreational boating fatalities are alcohol related.
Practicing some standard sea safety tips when canoeing or kayaking can prevent the need to contact a maritime attorney in New Orleans. Even though boaters on larger, power-operated crafts have a duty to exercise reasonable care around you on the water, it’s everyone’s job to act safely and avoid reckless behavior.
Have You Lost a Loved One After a Fatal Accident in an Industrial Accident or Traffic Collision - Bahamas
The media often covers the tragic death of someone at an industrial workplace, in a traffic collision or at sea. In June this year, a US cruise passenger drowned in the Bahamas during a cruise visit whilst snorkeling; and a Carnival passenger was killed last year on a jet ski rented in Nassau.
Slip and falls are one of the most common types of personal injury claims that businesses face; when a customer slips and falls due to slick floor, spill, or other condition that results in injury, he may initiate legal action against the company.
As Georgians enjoy boating, skiing, tubing, and more, high profile boat accidents keep lake patrons conscious of the possibility of an accident. Any of Georgia’s lakes- Lake Lanier, Lake Oconee, Hartwell Lake, Allatoona Lake, and many more. Located in the northern part of Georgia, Lake Lanier boasts 692 miles of shoreline and 59 square miles of water at a normal level. It is one of the more popular lakes in Georgia.
It was a little more than two years ago that the state of Georgia passed a texting while driving ban. All Georgia drivers are prohibited to text while driving. That law prohibits texting from a cell phone, text messaging device, PDA, or any other similar wireless device. Law enforcement officers can cite a driver for texting as long as they see the offense in action. The current fine is $150 and one point assigned to your driving license.
As the summer winds down, it is important to stay safe on the water. Remember to follow the law and do not drink alcohol and operate a vessel, because just like driving under the influence, boating under the influence is illegal. Individuals are not allowed to operate a vessel while under the influence of alcohol or drugs.