Admiralty and Maritime Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Admiralty and Maritime.
August 13, 2014 By Goldstein & Hayes, PC
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.
August 8, 2014 By Karbal & Co.
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.
August 4, 2014 By Fulgham Law Firm, PC
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.
July 30, 2014 By Skousen, Gulbrandsen & Patience, PLC
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?
July 8, 2014 By Harris & Moure, PLLC
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.
May 27, 2014 By CSB Advocates
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?
Ship arrest practice in the Republic of Cyprus is enforced by the Administration of Justice Act Part 1 of the Arrest Convention in 1952, as adopted by the United Kingdom, by virtue of Cyprus’ Constitution and section 29 of Law the Courts of Justice Act (14/60).
Admiralty litigation in Cyprus has increased significantly, as a consequence of the distinctive status of Cyprus as a leading worldwide maritime hub. Admiralty law refers to the jurisdiction of a distinct body of law to hear certain types of cases, arising from maritime activities occurring in international waters.
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?
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.
Cyprus boasts the third biggest maritime fleet in the EU; the tenth biggest fleet in the world. It is a market leader in ship management and as such security and safety of ships is a paramount issue, which has been addressed under the new Protection of Cyprus Ships Against Acts of Piracy and Other Unlawful Acts Law 2012.
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.
Shipping claims frequently require immediate, aggressive action. If you need urgent legal advice in relation to arrest of a vessel or exercising a maritime lien, our experienced maritime lawyers will take prompt action against the opposing party on your behalf. We have a wealth of expertise gained from years of experience acting for clients in The Bahamas - a major international transshipment center.
I was on a friend’s boat fishing on Lake Michigan when we were hit by another boat. Only two of the four of us in the boat were wearing life preservers so my friend didn’t want to fill out an accident report even though the other boater was at fault. He and the owner of the other boat exchanged information and agreed to settle the damage privately. All 4 of us got to shore but I have continued to have back pain for the last two weeks. What should I do?
After over 40 years of helping maritime workers, our firm has observed what it takes to get and keep an offshore job. If you are looking to tap into the oil and gas industry, then the following information may be helpful.
Cyprus laws allows for the provision of private security services on board Cyprus ships for the purpose of protecting them and their crew and cargo from unlawful acts in sea, particularly acts of piracy in high risk seas.
A New Orleans maritime lawyer can help if you have been injured while working offshore. Knowing what to do in the event of an emergency on a boat can save lives and prevent injuries. The best way to do this is to be prepared before you take to the waters.
Operating a boat on the water is comparable with operating a motor vehicle on land: accidents happen. Just as a driver of a motor vehicle can use safety precautions in operating their vehicle, an operator of a vessel (including an open motorboat, personal watercraft, cabin motorboat, sailboat, canoe, kayak, or pontoon) can use safety precautions in operating their vessel.
Criminal Charges against Veterans who complete the Rhode Island Veterans Diversion Program are dismissed. The program itself is therapeutic, including confidential therapy and counseling. The Rhode Island Veterans Diversion Program is State wide and is available to all Rhode Island Veterans who are charged with criminal misdemeanors.
Maritime law is important when one works in commercial fishing. If you were hurt doing this dangerous job, a New Orleans maritime law attorney can help. Commercial fishing ranks among the most dangerous jobs in the world, specifically in the United States, where the Bureau of Labor Law consistently ranks it as the most lethal profession.
The Jones Act has provisions to protect maritime workers, like commercial divers, who are injured. Divers are a specialized case that requires the experience of a Jones Act attorney. The Jones Act is designed to protect workers at sea when things go wrong. People who make their living aboard ships and oilrigs have rights just like a land-based employee might have Workers’ Compensation.
The Law, long-awaited by the national port industry, establishes the basis of governmental regulation and defines new procedures for building, expanding and closing seaports in Ukraine, as well as the procedure for performing any economic activity on the sea ports’ territory.
Shipping is a global business which involves many parties in day to day running of the business. It involves ship owners, ship management companies, agents and crew. Every ship that sails around the world has an Owner and in most cases ship management is entrusted to another company.
If Malaysia has always been viewed as a more economical jurisdiction for Ship Arrest in the South East Asia region, then (with this new amendment) we would likely see a sudden growth of Admiralty cases in Malaysia. In any maritime dispute, obtaining security for a claim is undeniably of high priority. Where a ship is arrested and judicially sold, the proceeds are used to pay off the claimants.
International arbitration: substantive law, procedural law and arbitration rules in the context of the United Kingdom Arbitration Act 1996. International arbitration: substantive law, procedural law and Arbitration Rules in the context of the Arbitration Act 1996. By: Mr. Femi D. Ojumu*
Cruise accidents have hit the headlines a number of times in recent months. When the Costa Concordia ran aground near a Tuscan island in January, 32 people died, some were injured and two are still missing. In the same month, the MSC Poesia ran aground in shallow waters two miles off Grand Bahama. No one was reportedly injured but some suffered shock from the crash
In 2008, a new Decree allows installation of private ports in Brazil. The federal government published on Thursday, April 30, 2008 the decree that allows the installation of private ports for the handling of third country. The goal is to create mechanisms for the development of the port, but the measure is already being criticized by the opposition.
Did you know that you can file for vocational rehabilitation training under the Jones Act? A Jones Act attorney can help you file your claim. Most mariners know that they are eligible for maintenance and cure benefits, as well as “fringe” benefits, in the event that they are injured while working on board a vessel in navigation.
You may be entitled to file a Jones Act claim or a maritime law claim depending on the specifics of your injury. A New Orleans attorney can help with your claim. If you work in the maritime industry and become injured, you may be able to file either a maritime law claim or a Jones Act claim depending on the specifics of the circumstances. Because the laws can be very complex, you may need the help of an experienced attorney.
Many people think of the enjoyment and relaxation that comes along with being on a boat. There is also a negative side to the event when an act of negligence and moment of recklessness ends in an accident. Many are aware of the severity of car accidents. We see the images on the news and can even witness them firsthand when driving on the freeway. The danger of driving is clearly evident. An area that can tend to be overlooked for its dangerous tendencies is boating.
The Jones Act law protects injured seamen. So although you may be eager to go back to work after an injury, be cautious because you could damage your claim as well as your health. After suffering an injury at sea, it’s easy to understand an eagerness to heal and return to your usual lifestyle. That includes going back to work as soon as possible.
Learn about the changes to the Manila Amendments that became effective January 2012 and pertain to the standards of training, certification and watchkeeping. For certified mariners, these changes may affect their training and employment.
Those in the maritime industry may need to obtain an updated STCW license, but depending on their job responsibilities, different courses and exams must be completed. For instance, deck officers must complete the STCW-95 deck exam, and those in the engine room, like limited deck engineers and second assistant engineers, must complete an engineering exam.
Maritime occupations clearly have an economy impact in Louisiana. If you work in the industry and have been injured, speak with a maritime attorney. With the United States' financial difficulties and so many people being out of work, you may wonder about maritime occupations' economy impact in Louisiana. Clearly, every state in this nation has been affected to some degree or another.
Jones Act claims and settlements can be complicated. Contact a Jones Act law firm in Louisiana for guidance if you have suffered serious, on-the-job injuries. There are some things you should know about Jones Act claims if you have suffered serious injuries in the maritime industry. Unlike a personal injury claim that may arise from a car accident, Jones Act cases involve federal maritime law.
Are you a seaman under the Jones Act? New Orleans-based lawyers explain when a claim could be filed with examples of previous serious accidents and injuries. One of the most dangerous jobs in this country is drilling offshore for gas and oil. Workers can average 12-hour workdays hundreds of miles from the coast, surrounded by combustible material and heavy machinery flung around by cranes.
In a recent news story, two people were seriously hurt in a boating accident in Long Island when the boat crashed in Patchogue sometime after midnight. The driver was arrested and charged with boating while intoxicated, and the other passenger was taken to the hospital to be treated for injuries. Even though this accident was caused because the driver was acting recklessly, boating accidents occur more frequently than most people realize.
Many Alabama work place accidents are resolved through the workers' compensation claim process. However, certain industrial accidents are governed by federal legislation. This article provides a general overview of the application of the Federal Employers' Liability Act (FELA) and the Jones Act to Alabama work place accidents.
Boating, tubing, and other water sports and activities can provide fun and enjoyment for families when the weather is warm. However, these pleasurable activities can also be dangerous for young children, resulting in injury or even death. According to statistics from the U.S. Coast Guard, injuries and property damages related to boating accidents can not be ignored: In 2009, there were 4,370 boating accidents causing 3,358 injuries and 736 deaths and $36 million in damages to property.
Common offshore accidents include falling objects, falls, fires and explosions. Offshore injuries incurred from these accidents can include severe burns, head trauma, back injuries and even drowning. Oil platforms, sometimes referred to as oil rigs, are large structures that are designed to drill wells and extract oil and natural gas. These platforms also store the product for a time until it can be transported back to land.
With all the maritime safety information available to employers, there should be little cause for injury aboard an offshore vessel. However, accidents due to negligence still occur, resulting in the need for a Jones Act attorney to help you apply the Jones Act. Shipping employees in particular may ask "What is the Jones Act?" in accordance to their rights as an injured worker.
In the wake of disaster on the Costa Concordia, a California congresswoman is renewing her call for increased safety regulations for cruise ships. The Costa Concordia was a cruise liner that ran aground of rocks and capsized after the captain allegedly steered too close to the rocky shore in Giglio, Italy.
Boating, tubing, and other water sports and activities can provide fun and enjoyment for families when the weather is warm. However, these pleasurable activities can also be dangerous for young children, resulting in injury or even death. According to statistics from the U.S. Coast Guard, injuries and property damages related to boating accidents cannot be ignored:
Texas fracking disclosure law goes into effect February 1, 2012. According to reports, on February 1, 2011, Texas drilling operators will be required to begin reporting many of the chemicals used in a process known as hydraulic fracturing. Industry sources say hydraulic fracturing is a process in which a mixture of water and chemicals is shot into the earth in order to recover excess oil and gas.
There is a vast array of benefits available to those wishing to register a shipping vessel under the Cypriot flag. In terms of geographical location, infrastructure, safety and efficient operations Cyprus can offer substantial advantages. Underlying the entire system is a highly profitable economic environment which offers major tax advantages and other fiscal incentives to those who operate under the Cyprus flag.
Cyprus is a major ship management centre and its flag holds an envious reputation worldwide. The Cypriot Register now ranks 10th in size internationally and represents the third largest fleet in the EU. Moreover, the Register is growing, with shipping entrepreneurs attracted to the host of benefits offered by registration under the Cyprus flag and the active promotion of ship management interests by regulatory authorities.
The Commercial and Legal Significance of Laytime & Demurrage in English Law and the New Turkish Commercial Code
So far as the global shipping practice is concerned, laytime & demurrage is one of the most complicated topics for both ship-owners and charterers under voyage charter-parties. Thus, the dynamic between the parties has been sought to be balanced through a number of attempts which have been made either by courts or legislators in shipping world.