Free Admiralty/Maritime FAQs | Free Admiralty/Maritime Legal FAQs

What is admiralty and maritime law?

Mon, 01 Dec 2008 21:03:52 GMT

Admiralty and maritime law are specific areas of law that regulate accidents and injuries of sea crew and passengers on ships, yachts and recreational boats.

What are my rights if I'm injured while on a cruise?

Mon, 01 Dec 2008 21:06:22 GMT

If you have been injured on a cruise ship, you have important legal rights. Common injuries on cruise ships include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries. All cruise ship lines have a responsibility to make sure that the ship is free of unreasonalbe risk of danger or other hazardous conditions that could cause injury to its passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence. Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages.

I was injured while working on a boat at sea. What are my rights?

Mon, 01 Dec 2008 21:12:40 GMT

Working on a boat at sea is one of the riskiest jobs in the world. Seamen injured on the job due to negligence are entitled to compensation for their injuries under the Jones Act including damages for future medical treatment, past and future wage loss and pain and suffering.

Is My Vessel Seaworthy?

Fri, 29 May 2009 01:49:52 GMT

Maritime employers have a duty to provide their employees with a seaworthy vessel. A ship is considered to be seaworthy if it is suitable for all aspects of the voyage which it is about to embark. Ship owners should consider the length of the voyage, the likely weather conditions that will be encountered and the nature of the cargo being carried. In order for a vessel to be seaworthy, it must also be adequately staffed and have appropriate emergency equipment for the crew. Seamen may be able to recover damages if they are injured in an accident aboard an unseaworthy vessel.

Who is Liable If I am Hurt on an Unseaworthy Vessel?

Fri, 29 May 2009 01:51:52 GMT

Maritime employers are responsible for providing their employees with a seaworthy vessel on which to work. If a vessel is unseaworthy, meaning that it is not suitable for all aspects of its voyage, then the maritime employer may be legally responsible for the damages incurred by the employees.

What responsibilities do Maritime Employers Have to Keep Employees Safe?

Fri, 29 May 2009 01:52:42 GMT

While maritime employers cannot protect their employees from all of the dangers of working on the high seas, there are precautions that employers must take to provide for the safety of their employees. Maritime employers have two important responsibilities when it comes to keeping their employees safe. First, they must provide their employees with a seaworthy vessel on which to work. A vessel is seaworthy if it is suitable for its voyage at the time the voyage begins. Employers must consider the foreseeable sea conditions, length of trip and type of cargo when making a vessel seaworthy. The ship must be adequately staffed and equipped with appropriate safety gear, for example. Maritime employers also have a duty to ensure ship safety. Ship safety refers to the conditions on board the vessel rather than the condition of the vessel itself and may include safe food preparation, among other things.

What are the Most Common Injuries on a Cruise Ship and When is the Cruise Ship Company Liable?

Fri, 29 May 2009 01:53:17 GMT

There are many different ways in which a passenger can get hurt on a cruise ship. Contagious diseases and food poisoning are common types of injuries due to the proximity of the passengers and the shared meals. Accidents also occur due to rough weather conditions or wet surfaces. These types of accidents can include everything from slip and fall accidents to drowning. Finally, passengers should be aware that certain crimes such as sexual assaults may be more difficult to investigate and therefore prosecute when they occur on a cruise ship. Passengers may have legal claims against the cruise ship if the cruise ship owners, operators or staff members were negligent in their responsibilities.

What is the CDCs Vessel Sanitation Program and How Does it Apply to Cruise Ships?

Fri, 29 May 2009 01:54:07 GMT

The Centers for Disease Control and Prevention (CDC) is given the authority to run the Vessel Sanitation Program in the federal Public Health Service Act. The purpose of the Vessel Sanitation Program is to decrease the outbreak of gastrointestinal illnesses on cruise ships. In order to accomplish this goal, the CDC inspects cruise ships, trains cruise ship employees and monitors outbreaks of gastrointestinal illnesses. Typically, ships are subject to two unannounced inspections each year. At each inspection, the ship is given a grade on a 100 point scale. Anything below 85 is considered failing. Ships that fail an inspection are always reinspected and may not be allowed to sail if there is an imminent threat to public safety. Inspection reports and scores are available to the public on the CDC website and may be useful to future cruise ship passengers.

What Happens When a Seaman Dies at Sea?

Fri, 29 May 2009 01:54:47 GMT

The death of a professional seaman on the high seas is a tragedy. Families suffer from both emotional and financial losses. While federal law cannot undo the emotional loss, the Death on the High Seas Act was enacted to help families with the financial loss of their relative. In order for a family to recover damages under the Death on the High Seas Act, the family must prove that that the seaman died on the high seas and that the death occurred because of the employer’s negligence or because the vessel was unseaworthy. Lawsuits for damages under this Act must be brought within 3 years of a seaman’s death.

What Laws Apply to the Safety of Offshore Oil and Gas Rig Workers?

Fri, 29 May 2009 01:55:25 GMT

Oil and gas rig workers, like other maritime employees have the right to fair working conditions where appropriate safety measures are taken despite the dangerous nature of the job. Offshore oil and gas rig workers are protected by several different laws including the Jones Act, the Longshore & Harbor Worker’s Compensation Act and the Outer Continental Shelf Land’s Act. The applicability of any of these laws depends on where the accident occurred, the job duties of the injured employee and, the circumstances of the accident.

Commercial Fishing is One of the Most Dangerous Jobs in America: How does the Law Protect Workers and Their Families?

Fri, 29 May 2009 01:56:11 GMT

The federal Jones Act may provide damages to a commercial fisherman who is hurt during the course of his employment. In order to recover damages pursuant to the Jones Act, the commercial fisherman needs to prove that his vessel was unseaworthy or that his employer was negligent. If a commercial fisherman is killed in the course of his employment, then his surviving family members may also have a cause of action pursuant to the Death on the High Seas Act if the family can prove that the vessel was unseaworthy or the employer was negligent and that their loved one died as a result.

Im a commercial fisherman, what should I do if Im hurt on the job?

Fri, 29 May 2009 01:56:50 GMT

After seeking appropriate medical care, it is important to contact a maritime attorney with experience representing commercial fishermen. Your maritime attorney can explain what causes of action, if any, may be raised against your employer and can advise you as to whether you should take a worker’s compensation settlement or proceed to trial.

What Rights do Pier, Dock and Harbor Workers Have to a Safe Working Environment?

Fri, 29 May 2009 01:57:23 GMT

The Longshore and Harbor Worker’s Compensation Act provides protection to certain onshore maritime workers who are engaged in a dangerous profession. The Act may provide damages for workers who are on navigable waters or in areas (such as piers or docks) that are adjoining navigable waters and who are performing maritime work. A maritime worker who is covered by the Act may be entitled to damages for lost wages, medical expenses and rehabilitation costs that are incurred if he is injured or contracts a disease in the course of his employment.

How are Sexual Assaults on Cruise Ships Investigated and Prosecuted?

Fri, 29 May 2009 01:58:18 GMT

Few cruise ships have trained police officers who are able to properly investigate an alleged allegation of sexual assault. While well meaning crew members and trained security guards may be able to assist with an investigation, a complete investigation is often not able to be conducted until the next port of call. The delay often causes evidence to be destroyed and impairs a fair investigation.

The delay in conducting an investigation often means that relatively few allegations of sexual assault are ever heard in a court of law. If enough evidence is gathered to file a lawsuit then the case can be heard in the choice of law jurisdiction found on the back of the cruise passenger’s ticket or in federal court, depending on the facts of the case.

Who is responsible if a maritime employee is hurt by an Act of God?

Fri, 29 May 2009 01:59:01 GMT

Maritime work is inherently dangerous and employees who are hurt by an Act of God may be unable to recover damages from their employer. An Act of God is usually defined as an unexpected and extraordinary event and may include things such as an earthquake, tornado or hurricane. When determining whether a particular event was an Act of God many courts will consider whether a maritime employer made an effort to listen to forecasts and warnings and take reasonable safety precautions with regard to whatever forecasts and warnings were provided.

What Damages are allowed for Injuries to Maritime Employees?

Fri, 29 May 2009 01:59:43 GMT

Many maritime employees are entitled to damages for their maintenance and cure when they are hurt during the course of their employment. Since maritime employees typically live aboard their vessels while they are working, the law allows them to recover damages for food and lodging while they are unable to work. This is referred to as “maintenance” damages. They are also entitled to damages for the medical and rehabilitative care that they receive up to their “maximum medical cure” or until they recover from their injuries to the greatest extent possible.

What is a Longshoreman and how are a Longshoremans rights protected?

Fri, 29 May 2009 02:00:18 GMT

A longshoreman is a maritime employee whose job is to load and unload cargo from vessels while the vessels are in port. Longshoremen are protected by the Longshore and Harbor Worker’s Compensation Act which is administered by the United States Department of Labor. Compensation is possible for injuries incurred during the course of employment.

If I am hurt on a cruise, where will my lawsuit be heard?

Fri, 29 May 2009 02:01:25 GMT

It depends. Most cruise ship tickets contain a “choice of law” provision in small print on the ticket. That provision indicates which state courts have jurisdiction over potential lawsuits arising from injuries on board the cruise ship. Cruise ship owners may choose any state to which they have a logical connection such as the state from which the majority of their cruises arrive and depart or the state where their business offices are headquartered.

Do I need a visa to be a professional fisherman?

Fri, 29 May 2009 02:02:06 GMT

That depends. If you are a United States citizen and your vessel departs from and returns to a U.S. port without stopping at a foreign port then you do not need a visa. However, if your ship does make stops at foreign ports or if you are not a U.S. citizen then you may need a visa.

How are crimes on the high sea prosecuted?

Fri, 29 May 2009 02:02:45 GMT

Crimes on the high seas may refer to physical crimes such as assault or rape against an individual or crimes against a vessel’s crew such as piracy. In either case, the FBI may have jurisdiction to investigate and cases that violate federal law may be brought by the U.S. Attorney’s office in federal district court.

What is poaching?

Fri, 29 May 2009 02:03:24 GMT

In maritime law, poaching refers to illegal fishing or hunting in the water. Fishing may be illegal due to restrictions placed on fishing in certain territorial waters by specific nations or it may be illegal to hunt certain fish species at specific times of the year or in numbers greater than the legal quotas. Fishermen or others who are found guilty of poaching may face legal penalties.

What are the potential penalties for poaching?

Fri, 29 May 2009 02:04:31 GMT

The potential penalties for poaching depend on the jurisdiction in which the poaching occurs. Different states and the federal government have different penalties for poaching. In some jurisdictions, poaching is punishable by a fine, a ban from fishing in certain waters and jail time. Poaching of endangered species may be considered a felony.

How are cruise ships that depart from U.S. ports regulated?

Fri, 29 May 2009 02:06:08 GMT

Both U.S. based cruise ships and those that operate under the flag of a foreign nation are required to comply with the vessel inspection laws of the United States. Additionally, cruise ships, regardless of their country of origin must comply with the International Convention for the Safety of Life at Sea and other international regulations. U.S. based ships may also be subject to additional requirements set forth by the United States Coast Guard.