With such a wide range of matters falling under one umbrella, some attorneys will reserve the terms ‘ admiralty jurisprudence ’ or ‘ wet law ’ for topics that are wholly nautical in nature ( e.g. embark collisions ) and use the terms ‘ maritime police ’ for ‘ dry law ’ for land-based but nautical relate topics like marine policy. however, as attorneys who deal with all aspects, we consider maritime law to cover all these topics .
Is Maritime Law The Same Everywhere?
No – though typically laws will be quite similar, specific Maritime Law differs from country to nation and between jurisdictions. For model, the United States has its own admiralty law that has been developed from the british admiralty courts that existed in that nation ’ sulfur many colonies in the past. At the same time, a collection of international conventions exists that is widely accepted across the ball. primitively crafted by a individual group of nautical lawyers at the beginning of the twentieth century, these laws are now oversee by the International Maritime Organization, a body established by the United Nations. much country-specific legislation actually seeks to codify and support international nautical law, in order to promote continuity across jurisdictions .
What Topics Does Maritime Law Cover?
Maritime Law is truly expansive, covering a host of conventions, issues and activities. While it would be impossible to cover every aspect of admiralty law hera, we can lay out some of the most common topics addressed under American Maritime Law .
Maintenance and Cure (Injuries)
unfortunately, one of the most common topics deal with by nautical lawyers relates to injuries sustained on the seas. Working on decks and around industrial machinery whilst on the ever-moving ocean is challenging, and despite faultless train and considerable feel, accidents do happen resulting in injury, or worse even, death. Lawmakers have taken this into consideration, and as a consequence seamen have some of the best legal protective covering that exists .
This includes providing free medical concern to an injure seaman for the duration of the trip and beyond until they have reached what the court deems the “ maximum aesculapian cure. ” This differs from “ maximum medical improvement ” in that the employer has a duty to provide discussion that improves his ability to function, whether it specifically improves the injury or not ( e.g. wheelchairs and pain medicine ). Further, the company or ship owner must provide ‘ alimony ’ – funds for the mariner to survive on while he recovers. And if a seaman is forced to sue to collect such money, successful suits will result in not just the regulate of maintenance and cure benefits, but besides payment of lawyer fees and, in some cases, punitive damages. This can naturally be expensive for owners, who will sometimes attempt to offer a erstwhile payment to avoid their duties. A nautical lawyer that knows your nautical injury rights can ensure you are properly cared for and compensated .
Duty of Reasonable Care to Passengers
While rare, it does occur that civilian passengers sustain injuries while aboard ships. If the passenger can prove the wound is due to a ship owner ’ south negligence, that person can then be awarded recompense. While similar to ‘ negligence ’ legislation, there are identical specific considerations in the kingdom of maritime law, particularly in the United States. For case, it is common cognition that there is a generally a three-year legislative act of limitations on personal injury cases, within which fourth dimension a befit must be brought against the embark owner. however, fine print in passenger tickets can sometimes dramatically shorten that window. And while courts have made it illegal to exclude liability for injury or end in cases of clear negligence, there are distillery ways for companies to attempt to shift blame to employees or third base parties who, realistically, will be unable to financially meet the fair level of recompense levied by the court. An have maritime lawyer is well versed in these tactics, and can ensure companies and owners do not shrink their responsibility .
Longshore and Harbor Workers’ Compensation Act
While this falls under injury law, it warrants its own focus due to its importance and being widely misunderstood. As the name suggests, this law provides federal compensation protection to those who work in harbors, ports, shipyards and the alike. It is assumed by many ( a mistake encouraged by less moral companies ) that the rigorous protections of nautical jurisprudence do not apply to those working in these situations. This is simply not true – from crane operators to clerical office works, those employed at docks and shipyards receive the broad protection of this act. In fact, certain extensions ( e.g. the Defense Base Act ) ensures that certain non-maritime workers receive coverage adenine well. Most importantly, this coverage is ‘ no mistake ’ – meaning that whether the wound your, the employer, or cipher ’ randomness fault, you are entitled to some level of compensation. A nautical lawyer can walk you through the specifics of this highly important parcel of Maritime Law .
When an injury on the sea results in the most unthinkable of circumstances and death occurs, the Jones Act and the Death On The High Seas Act provides families with the right to sue for unlawful end. There are besides many non-injury associate aspects of Maritime Law, including :
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Liens, Mortgages and other Contractual Issues
Unlike land based disagreements of this type that much go to civil courts and arbitration, nautical disputes are sent to federal courts. Loan defaults and ongoing mortgage disputes are a common model here. however, the courts besides provide nautical employees who are claiming unpaid or underpay wages a forum in which to make their encase .
Salvage and Treasure
While one may think this is a subject better left for blockbuster movie franchises featuring pirates and Hollywood stars, salvage is a very real activeness on the high seas and as such laws are in topographic point to protect both property owners and those who take on the hazard of retrieving such property that has been lost at sea. Two types of salvage exist – ‘ contract salvage ’ and ‘ deserve salvage ’. The first, as the appoint suggests, refers to when a property owner and a salvage professional ( a ‘ salvager ’ ) enter into an agreement that lays out the total or share of the property ’ s value the salvager will receive. Merit salvage, meanwhile, exists when no agreement has been made between the salvager and the property owner. If the two parties can not come to an agreement on their own post-salvage, a court will award an total based upon the value of the property and the effort expended/danger faced by the salvaging party .
International Maritime Law
As previously mentioned, there are a number of conventions that hold fast across borders and on the exposed seas for countries that have signed treaties related to these external maritime laws. Known colloquially as ‘ The Law of The Sea ’, these conventions have been issued by the UN through the International Maritime Organization ( IMO ). For the most partially, the laws here address policy claims related to vessels and their cargo, vessel registration and license, inspection of ships, rules regarding the passenger car of passengers and/or goods, any civil matters that may arise and plagiarism. While there a considerable number of conventions produced by the IMO, there are three that are considered the ‘ core ’ conventions of these external agreements :
- The International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers
- The International Convention for the Safety of Life at Sea
- The International Convention for the Prevention of Pollution From Ships
With the rapid progress of engineering and changing embark techniques, amendments are continuously being made to existing conventions, while at the lapp fourth dimension raw conventions are added where necessary. In the past, the process required for amendments was then drawn-out and complex, delays of many years would occur – or amendments would fail to pass raw. however, with the introduction of ‘ silent agreement ’ ( amendments passing unless a certain count of states object ), the effective acceptance of these changes has greatly improved .
The matter of enforcement of ‘ The Law of The Sea ’ has been designed to avoid the creation of a central enforcement body, which would be highly expensive and, most likely, a logistic nightmare. alternatively, extremity states have the responsibility to enforce the provisions of the conventions for their ships and to set penalties for any infringements. In some cases, countries have a certain total of ability with respect to ships of early extremity states. An frequently use joyride across many conventions is that of a certificate issued showing ships have been inspected and found to adhere to the necessity requirements.
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Why Would I Need a Maritime Lawyer?
many an person or party has found themselves in fiscal hot water, ineffective to proceed with important business dealings, or charged and at the mercy of the court after running afoul of nautical law. And as a specify field, the particularities of maritime law will not be conversant to an lawyer not trained in the field. This becomes particularly significant when you are aware of an important fact – federal maritime police will about constantly take precedent over state of matter laws – even if a matter is being heard in a submit court. The implications of this are pass – without a nautical lawyer to advise you, it is very possible to run afoul of nautical jurisprudence through actions that would not be illegal under other bodies of law. Further, if you are injured or become a plaintiff in a nautical case, an have maritime lawyer can immediately apprise you of your rights and seek proper compensation .
I Often Work and Operate in International Waters, or I Am Going on a Foreign Cruise. Won’t I Need a Lawyer in Each Country?
This is another peculiar aspect of maritime jurisprudence where your nautical lawyer ’ s cognition and experience comes into handy. Unlike other laws, admiralty law is not a cut and dry case of ‘ the law of the land is the law that will stand. ’ Rather, the nautical police that applies in each sheath is the law of the jurisdiction where the ship is registered. For exercise, if you are injured in chinese waters while working on a ship official registered in the United States, U.S. maritime injury laws will be the ones followed. It is crucial to note that this rule, informally referred to as “ the ship ’ s iris, ” requires that the ship is legitimately considered of that country. It is not unheard of that a embark or caller will fly another nation ’ mho flag due to less rigorous laws or the possibility of favorable treatment. Maritime lawyers ensure that as an employee, passenger or caller, you are afforded the full protections of american Maritime Law .
Experienced and Passionate Maritime Injury Lawyers
For closely 45 years, the maritime attorneys at the offices of Charles D. Naylor have fought for hurt seamen and seawomen vitamin a well as the families of die nautical employees. Obtaining verdicts american samoa high as $ 55 million, the highly experienced team has received multiple ‘ top lawyer ’ awards. Based in San Pedro, California, a stone ’ s throw away from the Port of Los Angeles and the Port of Long Beach, Charles D. Naylor and his team are recognized as some of Southern California ’ s most skilled and feel nautical lawyers. Contact us to take advantage of our more than 100 years combined experience – whether for simple legal advice or to pursue an injury claim. We understand the tune these issues can put you and your family under, and as such offer free case evaluations along with our tauten “ pay nothing unless we win your case ” policy. Call us or contact us through our web site today !
