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Miami
Admiralty/Maritime Law Firm
Admiralty Law, also referred to as Maritime Law, is a distinct body of law which governs maritime legal matters. It is a body of private international law governing the relationships among private entities who operate vessels on navigable waters. It applies to commercial vessels that carry on trade, carry passengers or work on the water. It also covers the rights and liabilities of all those sailors passengers and others who go to sea or travel upon navigable waters.
Admiralty Law is one of the oldest bodies of law, some say going back to the "Phoenicians". It is based in the United Sates on English Maritime Law which was adopted in its totality by the United Sates Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers in their private lives, including Alexander Hamilton and John Adams.
Jurisdiction
Article III, Section 2 of the United States Constitution granted original jurisdiction to U.S. Federal Courts over admiralty and maritime matters. Generally, Admiralty cases are tried in the Federal Court without a jury. However, a Federal law known as the "Savings to Suitors" clause allows most admiralty personal injury cases in the Unites States to be brought in either federal or state court. Only in State cases is a trial by jury always available.
Limitation of Shipowner's Liability
One of the unique aspects of maritime law is the ability of a shipowner to limit its liability to the value of a ship and its pending freight after a major accident. An example of the use of the Limitation Act is the sinking of the RMS Titanic in 1912. Even though the Titanic had never been to the United States, upon her sinking, the owners rushed into the Federal Court in New York to file a limitation of liability proceeding. The Limitation Act provides that if an accident happens due to a circumstance which is beyond the "privity and knowledge" of the ship's owners, the owners can limit their liability to the value of the remnants of a ship after it sinks plus any pending freight.
After the Titanic sank, the only portions of the ship remaining were the life boats and pending freight which had a collective value of about $91,000. The owners of the Titanic were successful in showing that the sinking occurred without their privity and knowledge, and therefore, the families of the deceased passengers, as well as the surviving passengers who lost their personal belongings, were entitled to split only the $91,000. The rush to go to the U.S.Court was necessary, because English Law, from which American law began to diverge after 1789 has a limitation fund based on the gross tonnage of the ship whether it is sound or on the bottom. The Limitation Act doesn't just apply to large ships. It can be used to insulate a motorboat owner from liability when he loans his boat to another who then has an accident. Even jet ski owners have been able to successfully utilize the Limitation Act to insulate themselves from liability.
Personal Injuries to Seamen
Seamen are compensated for injuries sustained aboard ship by three separate concepts: the principle of maintenance and cure, the doctrines of negligence and unseaworthiness, under the Jones Act, and the separate general maritime law negligence. The principle of maintenance and cure require a shipowner to pay for medical care, and provide basic living expenses until said seaman reaches maximum medical improvement for any injury suffered in the course and scope of his employment, regardless of whether the shipowner is at fault. It is not workers' compensation but an alternative system to it. The doctrine of unseaworthiness makes a shipowner liable if a seaman is injured because the ship, or any appliance of the ship, is "unseaworthy," meaning defective in some way and that defective caused the injury. The Jones Act incorporates the Federal Employers Liability Act. (FELA), which governs injuries to railway workers. A shipowner is liable to a seaman in the same way as a railroad operator is liable to its employees who are injured due to the negligence of the employers. The statutes of limitation are usually three years.
Not every worker injured onboard a vessel is a "seaman" entitled to Jones Act protection. To be a seaman, a worker must work at least 30% of his or her time onboard a specific vessel or a fleet of vessels "under common ownership or control." If a non seaman is injured while working on a vessel on navigable waters, he or she will be covered either by the Longshoreman and Harbor Works Compensations Act, or General Maritime Law.
The Longshoreman and Harbor Workers' Compensation Act, is a powerful alternative to workers' compensation and is available to those workers who load and unload ships or work in traditional maritime employment. This Act covers the people who load and unload ships and who work in traditional maritime employment.
Personal Injuries to Passengers
Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit the same as if they had been injured ashore through the negligence of a third party. The passenger bears the burden of proving that the shipowner was negligent. While the statute of limitations is generally three years, suits against cruise lines must usually be brought within one year because of limitations contained in the passenger ticket. Most cruise line passenger tickets also have provisions requiring that suit to be brought in Miami, Florida, Seattle, Washington, or Los Angeles, California.
Maritime Attorneys
Oppenheim Pilelsky, through its affiliation with Ansel Bunsic and Miller, LLC, has developed a strong reputation in the area of Admiralty and Maritime Law, representing all parties on most matters in this field. Many of our lawyers specialize in what is called "Plaintiffs Personal Injury Admiralty Law". We would be please to review your personal injury case at no charge. If we both decide to proceed it would be on a contingency basis.
Accidents and injuries which occur while aboard a ship or a vessel in navigable waters are controlled under Maritime law. It is imperative to you, that a qualified and experienced Maritime attorney handle your serious personal injury action.
Please find examples of the types of cases that we handle.
- All injuries occurring upon navigable waters such as; All Boating Accidents, All Cruise Ship Accidents, All Accidents on any Commercial Vessel or Barge
- Wrongful Death Claims, Intentional Torts such as; Assault and Battery, Sexual Assault and Sexual Harassment
- Jones Act, Longshoreman and Harbors Act and General Maritime Law Injuries
- Operations Claims such as, Vessel Arrest, Collision, Allisions, Marina Claims
Marine Arbitration, Other Marine Commercial Claims and Cargo Claims
Thus, in the event that you are seeking advice from a Maritime or Admiralty lawyer we would be pleased to respond to you. Please feel free to contact us by phone or e-mail if you or a loved one has been injured while aboard a boat or ship or while working aboard a vessel. Please call us or click here. |
