That depends. The law of the sea is different from the law of land. Fault in a maritime collision is determined by (1) negligence on the part of mariners or lack of care or skill, (2) violation of water rules by law or local authorities, and (3) failure to observe local navigational customs. If both parties are equally culpable or if it is not possible to properly measure the relative degree of fault, responsibility is automatically divided equally. There is also the rule of error in extremis in maritime law. This happens when one ship has put another ship in a position of extreme danger through improper maneuvers, and the other ship should not be held responsible for doing anything wrong and not maneuvering with perfect skill. Laws relating to maritime trade, boundary waters and liability at sea are old and constantly evolving. In fact, the word « Protean, » which means shapeshifter and changeover, derives from the Greek mythological figure Proteus, a sea shepherd with the gift of prophecy who would change shape to avoid answering questions about the future. A thorough understanding of modern maritime laws is necessary to establish concrete and tangible results for your situation. The statute of limitations (SOL) for bodily injury in Florida is 4 years. However, if your violation falls within the jurisdiction of the Admiralty/Expedition, you must file your claim within 3 years.
But remember that if you`ve been injured on a cruise, the SOL is even less so. Injuries on the water or in the event of wharf-related incidents may include special rules and legal deadlines related to the law of the sea. While you still have the right to sue for personal injury, when it comes to nautical laws, you need a lawyer with dedicated experience in the field. As a practicing maritime lawyer in South Florida, I often receive questions about maritime law issues. While each case is different, here are some answers to the questions I hear most often. Yes, if they have valid insurance at the time of the accident. Otherwise, there is another remedy in maritime law, maritime privilege. A lien may be placed on the boat that caused the accident. You can then seize the boat and have it sold to pay your claim. Property damage on water is calculated differently than on land. For property damage that does not constitute a total loss, damage includes (1) the cost of repairs or depreciation if no repairs are made, (2) retention or loss of revenue payments for the period during which the ship is out of service if it is a merchant vessel, and (3) incidental costs such as pilotage costs, rescue and dock. If the vessel is declared a total loss, damage may include (1) the market value of the vessel at the time of loss (plus all outstanding cargo) and (2) rescue, removal of the wreckage, removal of pollution and other incidental costs (loss of income and imprisonment are non-refundable).
There may be extenuating circumstances if your child was injured in a motor vehicle accident, or if your workplace injury was diagnosed long after it occurred (as is often the case with asbestos and mesothelioma). The difference between the Admiralty and maritime law has eroded since the American Revolution. Today, these terms are used interchangeably, but they have different meanings. Originally, the Admiralty designated certain admiralty courts in England and the American colonies that were responsible for treaties and offences on the high seas. The law of the sea referred to the common law that developed within these admiralty courts. Time has since eroded these terms, and their meanings have now become synonymous. The Maritime Law Answer Manual provides answers to maritime law issues faced by scholars and non-specialists alike, and addresses issues affecting shipowners, ships` bankers and shippers of goods. In addition to examining traditional issues frequently encountered in maritime disputes, such as choice of law and limitation of liability, this resource covers a range of U.S.
regulatory issues, from promotional programs such as the marine security program and coasting trade regulations to ship financing considerations. environmental regulation and enforcement.