Unseaworthiness: This cause of action is based upon vessel owner’s implied warranty that
a vessel is reasonably fit for its intended use. See Commercial Mariners .
Product Liability: If someone is injured as a result of a defective product, recovery would be
based upon product liability theory. See Commercial Mariners .
If you were injured in the course of a commercial vessel or recreational boating accident,
call for a free and confidential consultation. If I am able to handle your injury case, there is
no fee unless I am successful.
Tim Akpinar Contact Information:
Telephone:
E-mail:
Street
Address:
Mailing
Address:
Website:
© February 2005 by Tim Akpinar - All Rights
Reserved - The contents of this website may
not be copied or transmitted without the prior
written consent of Tim Akpinar.
 |
 |
 |
 |
 |
 |
 |
 |
(718) 224-9824
t.akpinar@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
t.akpinar@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
| Maritime Law Ocean Mariners - Commercial Fishermen - Tugboats - Sailboats - Yacht Crews - Riverboats - Divers - Jones Act |
The maritime law that deals with commercial
vessels affects seamen, which includes tugboat
riverboat barge crews, paid yacht crews, jack-up oil
rig crews, commercial divers, crews of deep sea
ocean going cargo ships, passenger ships, offshore
vessels and other seagoing employees. It also
includes ferry boat, excursion, and tour boat crews,
water taxis and other marine employees.
Recreational Boating Accidents covers claimants
injured on or by motorboats, sailboats, jet-skis,
waverunners and other personal watercraft,
windsurfers, kayaks, canoes, as owners, guests,
unpaid race crews, recreational divers, or
swimmers. Commercial Divers, Longshoremen and
Shipyard Workers covers commercial divers,
longshoremen, mechanics, welders, harbor
welders, harbor pilots, and shore side employees. It
also could include hard hat, oil field and salvage
(commercial) diving claims not covered under the
Jones Act.
General Overview of Claimants in Marine Injury Cases
If you were injured at sea, it’s likely that maritime
law will enter the picture. Your status aboard a
vessel will determine applicable law, depending on
whether you were a towboat engineer, tankerman,
commercial fishing boat mate, shore side welder,
passenger, commercial diver, or kayaker. Boating
accidents on navigable waters often involve
maritime law.
Jones Act: The Jones Act covers seamen injured as
a result of the employer’s negligence. Seaman
loosely means crew member. See Commercial
Vessels . Seaman could be a tugboat deckhand,
dinner cruise boat mate, commercial fisherman,
tanker captain, cruise ship steward, or megayacht
engineer.
Recreational Boating Accidents: If someone is
injured in a pleasure boat accident, the action could
be based upon negligence. See Recreational
Boating Accidents.
Longshoreman and Harbor Workers Compensation
Act: The LHWCA covers compensation and liability
for employees injured in the course of maritime
employment who are not seamen. Covered persons
include welders, mechanics, stevedores, harbor
pilots and non-seaman divers. See Commercial
Divers, Longshoremen and Shipyard Workers . This
page has links to the Defense Base Act and War
Hazards Compensation Act. These apply to an
employee injured on a military base or combat area
or war zone.
vessels affects seamen, which includes tugboat
riverboat barge crews, paid yacht crews, jack-up oil
rig crews, commercial divers, crews of deep sea
ocean going cargo ships, passenger ships, offshore
vessels and other seagoing employees. It also
includes ferry boat, excursion, and tour boat crews,
water taxis and other marine employees.
Recreational Boating Accidents covers claimants
injured on or by motorboats, sailboats, jet-skis,
waverunners and other personal watercraft,
windsurfers, kayaks, canoes, as owners, guests,
unpaid race crews, recreational divers, or
swimmers. Commercial Divers, Longshoremen and
Shipyard Workers covers commercial divers,
longshoremen, mechanics, welders, harbor
welders, harbor pilots, and shore side employees. It
also could include hard hat, oil field and salvage
(commercial) diving claims not covered under the
Jones Act.
General Overview of Claimants in Marine Injury Cases
If you were injured at sea, it’s likely that maritime
law will enter the picture. Your status aboard a
vessel will determine applicable law, depending on
whether you were a towboat engineer, tankerman,
commercial fishing boat mate, shore side welder,
passenger, commercial diver, or kayaker. Boating
accidents on navigable waters often involve
maritime law.
Jones Act: The Jones Act covers seamen injured as
a result of the employer’s negligence. Seaman
loosely means crew member. See Commercial
Vessels . Seaman could be a tugboat deckhand,
dinner cruise boat mate, commercial fisherman,
tanker captain, cruise ship steward, or megayacht
engineer.
Recreational Boating Accidents: If someone is
injured in a pleasure boat accident, the action could
be based upon negligence. See Recreational
Boating Accidents.
Longshoreman and Harbor Workers Compensation
Act: The LHWCA covers compensation and liability
for employees injured in the course of maritime
employment who are not seamen. Covered persons
include welders, mechanics, stevedores, harbor
pilots and non-seaman divers. See Commercial
Divers, Longshoremen and Shipyard Workers . This
page has links to the Defense Base Act and War
Hazards Compensation Act. These apply to an
employee injured on a military base or combat area
or war zone.
One of the oddest quirks of maritime law that an experienced maritime attorney might come
up against is limitation of liability. The City of New York played hardball with the plaintiffs in
the Staten Island Ferry accident of October 2003, playing the limitation card in an attempt to
limit personal injury and wrongful death awards. It wasn't successful though, largely due to
conclusions made by the National Transportation Safety Agency. Tim covered this arcane
concept for the Association of Trial Lawyers of America, featured in the February 2006 issue
of their journal, Trial Magazine. Follow the link below to learn more and read the article in its
entirety. (reprinted with the permission of the Association of Trial Lawyers of America.
up against is limitation of liability. The City of New York played hardball with the plaintiffs in
the Staten Island Ferry accident of October 2003, playing the limitation card in an attempt to
limit personal injury and wrongful death awards. It wasn't successful though, largely due to
conclusions made by the National Transportation Safety Agency. Tim covered this arcane
concept for the Association of Trial Lawyers of America, featured in the February 2006 issue
of their journal, Trial Magazine. Follow the link below to learn more and read the article in its
entirety. (reprinted with the permission of the Association of Trial Lawyers of America.
| Before a Staten Island Ferry struck a pier on October 15, 2003, killing 11 people and the passengers were unaware of an arcane concept of maritime law known as limitation of liability. They soon saw how a law meant to protect shipowners during the age of sail was invoked to prevent them from achieving a full and fair recovery for their losses. Under the Limitation of Shipowners’ Liability Act of 1851, a shipowner may limit liability for losses from negligence or unseaworthiness arising..." Read more. Click Deafeating Limitation of Liability in Maritime Law, by Tim Akpinar, From the February 2006 issue of Trial magazine, Posted with permission of Trial (February 2006 Copyright The Association of Trial Lawyers of America. Limitation of liability can arise in a collision with a commercial fishing vessel as well as a jet ski, personal watercraft or waverunner accident. |
| Click here to see article from Marine Officer - Feb/Mar 05 Foreign Seafarers of the Third World, by Tim Akpinar, which contrasts conditions faced by foreign seamen injured at sea with U.S. seamen working aboard commercial ships under the U.S. flag. Some basic differences include the absence of laws such as the Jones Act, Death on the High Seas Act, or fair application of concepts such as unseaworthiness, negligence, compensation for personal injury when someone is injured at sea, and maintenance and cure. |
| If a person is injured in a maritime accident as a Jones Act seaman aboard a tugboat, towboat, cargo ship, passenger ship, fishing trawler or other commercial vessel, or as an injury plaintiff in a recreational boating, jet ski, waverunner, personal watercraft, diving, canoeing, kayaking, or swimming accident, and the case proceeds to federal court under maritime law, the injuries and damages could be litigated in one the following Federal District Courts: 1st District Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico 2nd District Connecticut, New York, Vermont 3rd District Delaware, New Jersey, Pennsylvania, Virgin Islands 4th District Maryland, North Carolina, South Carolina, Virginia, West Virginia 5th District Louisiana, Mississippi, Texas 6th District Kentucky, Michigan, Ohio, Tennessee |
8th District Arkansas, Iowa, Minnesota, Nebraska, North Dakota, South Dakota 9th District Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington 10th District Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming 11th District Alabama, Florida, Georgia District of Columbia |
New and Important legal development
for injured commercial mariners... On
June 25, 2009, the Supreme Court of the
United States, in an opinion written by
Justice Clarence Thomas, ruled that
punitive damages are available where an
employer would not pay maintenance &
cure. To read more about the case & the
decision, click here.
for injured commercial mariners... On
June 25, 2009, the Supreme Court of the
United States, in an opinion written by
Justice Clarence Thomas, ruled that
punitive damages are available where an
employer would not pay maintenance &
cure. To read more about the case & the
decision, click here.