Pacific Maritime Magazine - Marine Business for the Operations Sector

Maritime Law

Sorted by date  Results 1 - 25 of 40



 By Marilyn Raia    Maritime Law    July 1, 2020 

Cruelty at Sea

Life at sea for seamen a century ago was not like it is today. Physical cruelty and abuse by a ship’s officers occurred far too often. Sometimes, a physically abused seaman sought and won a...

 

Depositions De-Mystified

The word “deposition” often strikes fear in the hearts of mariners as well as non-mariners. A deposition is routine for the litigator, but unlikely to be routine for the client or witness. It is...

 

Ocean Carriers Are Not Always Liable

Many cargo shippers think ocean carriers should be fully liable for whatever happens to their shipments during transit. It is not a totally irrational thought considering the ocean carrier and its...

 

Who Is and Who Is Not an Expert Witness?

It is not unusual for each side in a maritime case to offer testimony at trial from an expert witness. An expert witness is a disinterested and unbiased person who, based on education and experience,...

 

Don't Be Late

When a new maritime matter comes into the law office, among the first things to be done is determining what the applicable statute of limitations is. A wrong assumption can lead to significant...

 

The Jones Act Applies to Cargo?

Most maritime lawyers and seafarers are familiar with the part of the Jones Act that provides a remedy for injuries and death suffered by seamen in the course of their employment on a vessel in naviga...

 

If the Shoe Fits...

Most of us have a wide variety of footwear we can choose to wear on the job. Seamen, however, are quite limited in their choices. If a seaman chooses the wrong footwear and is injured as a result,...

 

One Way to Lose a Maritime Lien

A maritime lien is created when certain goods and/or services are provided to a vessel. (see Pacific Maritime Magazine, Maritime Liens 101, November 2010). It is a non-possessory lien meaning the...

 

Gangways and Alcohol – Not A Good Mix

A vessel owner has a legal duty to provide a safe way for people to get on and off the vessel, such as a gangway. What happens when someone attempts to board the vessel while intoxicated and suffers...

 

Always Know Where You Are

Many marine insurance policies condition coverage on the insured vessel remaining within a specified geographic area. If an insured vessel suffers a casualty when navigating outside the specified...

 

Common Sense Left Ashore

It is refreshing to see judges recognize the principle of common sense when deciding a case. Unfortunately, sometimes seafarers leave it ashore when signing onto a vessel. After they sue for personal...

 

Need Help With That?

A seaman’s work is physically demanding. He must lift lines, equipment, stores, and other heavy objects while on the vessel. When a seaman lifts something that is heavy and he suffers an injury, is...

 

Libel and Slander at Sea

Nearly every week someone is in the news apologizing for writing or saying something false about someone else. Libel is a disseminated written false statement about someone, damaging that person’s...

 

Of Ladders and Longshoremen

Longshoremen routinely use ladders when working aboard vessels. Usually the ladders belong to the vessel owner who has them aboard for use by the vessel’s crew, but knows the longshoremen will use...

 

When Vessels Break From Their Moorings

When a vessel breaks away from her moorings, is the vessel owner liable for the resulting injuries and/or damage? The answer is: probably. The Louisiana rule During the Civil War, the United States...

 

When Crewmembers Duke It Out

Disputes aboard a vessel are usually resolved with words and amicable negotiation. Occasionally, they are resolved with fists and weapons. This column explains the circumstances under which a vessel...

 

A Seaman's Release of Claims: Is It Enforceable?

The signing of a release is an integral part of the settlement of a claim for personal injuries. In exchange for the settlement funds, the injured party releases the responsible party from any further liability arising out of the injuries. This...

 

Don't Do That!

Every once in a while, but hopefully not too often, a new case comes into the law office that makes the lawyer want to turn back time and advise the client: “don’t do that.” Unfortunately, the...

 

A Mutual Fault Collision – Who Pays What?

After reading a news story about two ships that collided miles off the Japanese coast with significant damage and loss of life, my brother wrote to me: “How the hell do two ships collide at sea?...

 

Rough Seas

Judges who have spent significant time at sea are few and far between. Nonetheless, they set high standards for seafarers and the carriers who employ them. Because of these high standards, judges do...

 

In the Beginning

In response to Golden Oldies (Pacific Maritime Magazine, March 2017), a reader asked how admiralty lawyers find old cases. She imagined law clerks digging through dusty books. That was the old...

 

Golden Oldies

Most non-maritime lawyers like to direct the court’s attention to the most recent case on a point of law. Most maritime lawyers like to take a different approach. They prefer to direct the...

 

Captain's Orders

I have been lucky in my career to have represented vessel owner clients whose masters have acted in a non-negligent manner when commanding their vessels. Other lawyers have not been so lucky, as thous...

 

Pay Attention!

Accidents and injuries happen on vessels. Sometimes the vessel owner is to blame for being negligent or having an unseaworthy vessel. However, compensation for an injury on a vessel may be denied if...

 

A Broken Promise

Many marine insurance policies contain warranties. A warranty can be described in one word: promise. It can be a promise by the insured that he will do something. It can be a promise by the insured...

 

Page Down

Powered by ROAR Online Publication Software from Lions Light Corporation
© Copyright 2020

Rendered 09/27/2020 13:27