Boaters don’t generally regard rules of
the road as “maritime law”, but rather,
as essential boating knowledge. But
there are elements of maritime law that
can come as an unpleasant surprise to
the injury victim. One of these is the
concept of limitation of liability. In a
boating accident, a defendant may
attempt to reduce the plaintiff's injury
award to the salvage value of the
defendant’s vessel.
This could be a frightening prospect if a
negligent boater collides with you at
high speed and, perish the thought,
leaves you seriously injured. Medical
issues in a boating accident is
discussed further in Medical Issues in
Marine Injuries - Boating Accident
Injuries .
If the defendant's vessel was a 1972
center console worth $1,000 after the
collision, does that mean your injury
award could be capped at $1,000? It
might not happen, but it is not
inconceivable. Before continuing with
the discussion of limitation of liability,
you can click the following to read about
the Causes of Boating Accidents
the road as “maritime law”, but rather,
as essential boating knowledge. But
there are elements of maritime law that
can come as an unpleasant surprise to
the injury victim. One of these is the
concept of limitation of liability. In a
boating accident, a defendant may
attempt to reduce the plaintiff's injury
award to the salvage value of the
defendant’s vessel.
This could be a frightening prospect if a
negligent boater collides with you at
high speed and, perish the thought,
leaves you seriously injured. Medical
issues in a boating accident is
discussed further in Medical Issues in
Marine Injuries - Boating Accident
Injuries .
If the defendant's vessel was a 1972
center console worth $1,000 after the
collision, does that mean your injury
award could be capped at $1,000? It
might not happen, but it is not
inconceivable. Before continuing with
the discussion of limitation of liability,
you can click the following to read about
the Causes of Boating Accidents
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We share our waterways with boaters
of varying levels of skill, thoughtfulness,
anger, and courtesy. With more boats
out there, it has become increasingly
important for everyone to operate their
vessels safely to prevent accidents. To
learn about things you should do if you
are involved in a boating accident, click
What to do if You Are Involved in a
Boating Accident . It covers exchanging
marine registration information, filing
boating accident reports and other legal
advice.
It sometimes comes as a surprise to
pleasure boaters that maritime law can
apply to a boating accident. After all,
maritime law is thought of as the realm
of containerships, tankers, tugboats, and
vessels of a commercial nature.
However, a small sailboat could find
itself subjected to the same maritime
law as an ocean going tanker. A
maritime attorney familiar with the less
commonly known elements of boating
law understands how these elements
can undermine the rights of the injury
victim if not dealt with effectively.
Perhaps the most fundamental maritime
laws related to pleasure boating are the
rules of the road. To see a brief
discussion of some of the legal issues
that are involved in a boating accident,
go to Boating Accident Legal Issues. In
these pages, you can also learn how the
Coast Guard collects and analyzes
boating accident data and summarizes
its findings in annual reports.
of varying levels of skill, thoughtfulness,
anger, and courtesy. With more boats
out there, it has become increasingly
important for everyone to operate their
vessels safely to prevent accidents. To
learn about things you should do if you
are involved in a boating accident, click
What to do if You Are Involved in a
Boating Accident . It covers exchanging
marine registration information, filing
boating accident reports and other legal
advice.
It sometimes comes as a surprise to
pleasure boaters that maritime law can
apply to a boating accident. After all,
maritime law is thought of as the realm
of containerships, tankers, tugboats, and
vessels of a commercial nature.
However, a small sailboat could find
itself subjected to the same maritime
law as an ocean going tanker. A
maritime attorney familiar with the less
commonly known elements of boating
law understands how these elements
can undermine the rights of the injury
victim if not dealt with effectively.
Perhaps the most fundamental maritime
laws related to pleasure boating are the
rules of the road. To see a brief
discussion of some of the legal issues
that are involved in a boating accident,
go to Boating Accident Legal Issues. In
these pages, you can also learn how the
Coast Guard collects and analyzes
boating accident data and summarizes
its findings in annual reports.
| Recreational Boating Accidents - Jet Skis - Personal Watercraft - Waterskiing Injured on Navigable Waters - Kayaks - Canoes - Divers - Swimmers - Rental Boats - Charter Boats - Paddleboats |
I was a lucky kid, growing up on Little Neck Bay on the western end of Long Island Sound.
I raced on Blue Jays at twelve, drove yacht club tenders at eighteen, and enjoyed a
childhood I wish more children could enjoy. Recreational boating has changed a lot since
then. There are more boats out there. There are faster boats... (cont'd below)
I raced on Blue Jays at twelve, drove yacht club tenders at eighteen, and enjoyed a
childhood I wish more children could enjoy. Recreational boating has changed a lot since
then. There are more boats out there. There are faster boats... (cont'd below)
| In the January February 2008 issue of The Ensign, magazine of the United States Power Squadron, Tim covers some of the legal issues that face a maritime attorney in the prosecution of a boating accident lawsuit. These include limitation of liability, presumptions in maritime law, and other issues related to admiralty jurisdiction on navigable waters. To learn more, click Boating Accident Law, which is offered as a reprint here with the permission of the United States Power Squadron magazine The Ensign. |
Bayside Power Squadron (a unit of the United States Power
Squadrons) hosted a presentation by maritime attorney Tim Akpinar at
St. Anastasia’s Church in Douglaston, New York on March 31, 2008.
Tim spoke about legal issues encountered by recreational boaters,
such as marine salvage, general maritime law and admiralty
jurisdiction over pleasure boats, boating accident legal issues, marine
liens and other topics.
Squadrons) hosted a presentation by maritime attorney Tim Akpinar at
St. Anastasia’s Church in Douglaston, New York on March 31, 2008.
Tim spoke about legal issues encountered by recreational boaters,
such as marine salvage, general maritime law and admiralty
jurisdiction over pleasure boats, boating accident legal issues, marine
liens and other topics.
R/C Eugene Molteni and Lt/C Sharon Molteni (pictured above with Tim) are active members in the Power
Squadron and are involved in furthering boating education throughout the United States. Gene teaches
a celestial navigation class, one of the many squadron courses available.
Squadron and are involved in furthering boating education throughout the United States. Gene teaches
a celestial navigation class, one of the many squadron courses available.
| The August 2005 issue of Boater's Digest contains the article, Basics of Marine Insurance, by Tim Akpinar. The article offers a basic overview of marine insurance, covering liability coverage, physical damage, and additional aspects of insurance coverage. It discusses how the insurance industry categorizes vessels by size in designating what type of marine policy is required. It also covers a few ways to save money on boat insurance, such as boating safety courses, safety equipment, higher deductibles and realistic judgment in selecting a geographic scope in which the vessel will operate. |
Like many elements of maritime law, limitation of liability emerged with the intent of
encouraging commerce by limiting liability of vessel owners with factors outside their
control. Because a voyage on the high seas was an endeavor filled with risk and peril,
much of maritime law emerged to befriend the merchant. There are other legal concepts
that are close to being exclusively maritime in nature, such as vessel arrest, marine
liens,in rem jurisdiction, to name a few. Unfortunately, injuries on the water aren't always
fairly dealt with in this specialized branch of law. Experienced maritime attorneys
recognize this.
To learn more about how limitation of liability can hurt the rights of a boating accident
plaintiff, see Defeating Limitation of Liability in Maritime Law. I wrote the piece for the
Association of Trial Lawyers of America. It discusses how the City of New York invoked
limitation of liability in the October 2003 crash of the Staten Island Ferry Andrew Barberi
and how the concept can be used against the pleasure boater plaintiff. Other legal issues
will be covered in the future, such as liability for ethanol damage to fiberglass gasoline
fuel tanks, other legal remedies, boat design legal issues and warranty issues.
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
encouraging commerce by limiting liability of vessel owners with factors outside their
control. Because a voyage on the high seas was an endeavor filled with risk and peril,
much of maritime law emerged to befriend the merchant. There are other legal concepts
that are close to being exclusively maritime in nature, such as vessel arrest, marine
liens,in rem jurisdiction, to name a few. Unfortunately, injuries on the water aren't always
fairly dealt with in this specialized branch of law. Experienced maritime attorneys
recognize this.
To learn more about how limitation of liability can hurt the rights of a boating accident
plaintiff, see Defeating Limitation of Liability in Maritime Law. I wrote the piece for the
Association of Trial Lawyers of America. It discusses how the City of New York invoked
limitation of liability in the October 2003 crash of the Staten Island Ferry Andrew Barberi
and how the concept can be used against the pleasure boater plaintiff. Other legal issues
will be covered in the future, such as liability for ethanol damage to fiberglass gasoline
fuel tanks, other legal remedies, boat design legal issues and warranty issues.
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
Because the Supreme Court has qualified pleasure boating as traditional maritime
activity, unwary plaintiffs can find themselves facing an array of arcane maritime law
thrown at them by an aggressive defendant. Federal courts have gone so far as to qualify
a jet-ski accident as subject to maritime law. If you sustained injuries in a boating or
diving accident and would like to learn more about your rights, call. The consultation is
free and confidential.
activity, unwary plaintiffs can find themselves facing an array of arcane maritime law
thrown at them by an aggressive defendant. Federal courts have gone so far as to qualify
a jet-ski accident as subject to maritime law. If you sustained injuries in a boating or
diving accident and would like to learn more about your rights, call. The consultation is
free and confidential.
| Click here to see article from Chesapeake Bay Boating - February '07 To Salvage or To Tow, by Tim Akpinar. The article discusses how maritime law comes into play in the difference between a simple towing operation and a traditional marine salvage operation. It covers the legal issues that may arise in a marine salvage claim. Posted with the permission of Chesapeake Bay Boating. |
| Click Maritime Law and Sailing, from the October 2005 issue of Windcheck, by Tim Akpinar. It may come as a surprise that something on the scale of a kayak, canoe, jet ski or waterskiing accident can fall under admiralty jurisdiction and maritime law. Posted with the permission of Windcheck. |
| boating registration and education information ALABAMA Montgomery AL 251 981 2673 ALASKA Anchorage AK 907 269 8705 AMERICAN SAMOA Pago Pago AS 684 633 1111 ARIZONA Phoenix AZ 602 789 3383 ARKANSAS Little Rock AR 501 223 6379 CALIFORNIA Sacramento CA 9162634326 COLORADO Littleton CO 303 791 1954 CONNECTICUT Old Lyme CT - 860 434 8638 DELAWARE Dover DE 302 739 9913 Washington D.C. Wash DC 202 727 4583 FLORIDA Tallahassee FL 8504885600 GEORGIA Social Circle GA 7709186408 GUAM GMF Barrigada GU 6714758447HAWAII Honolulu, HI 808 587 1966 Idaho Boise ID 208 334 4180 ILLINOIS Sterling IL 815 625 0086 INDIANA Indianapolis IN 317 232 4010 IOWA Des Moines IA 515 281 6154 KANSAS Pratt KS 620 672 0758 KENTUCKY Frankfort KY 502 564 3176 LOUISIANA Bt Rouge LA 225 765 2987 MAINE (COASTAL) Augusta ME 207 624 6555 MAINE (INLAND) August ME 207 287 2766 MARYLAND Annapolis MD 410 260 8881 MASSACHUSETTS Hyannis MA 617 727 8760 MICHIGAN Lansing MI 517 373 7109 MINNESOTA St Paul MN 651 259 5362 MISSISSIPPI Jackson MS 601 432 2185 MISSOURI Jefferson City MO 573 751 3333 MONTANA Helena MT 406 444 0136 NEBRASKA Lincoln NE 402 471 5579 NEVADA Reno NV 775 688 1542 NEW HAMPSHIRE Gilford NH 603 293 0091 NEW JERSEY W Trenton NJ 609 882 2000 NEW MEXICO Santa Fe NM 505 476 3369 NEW YORK Albany NY 518 474 0445 NORTH CAROLINA Raleigh NC 919 707 0010 NORTH DAKOTA Bismarck ND 701 3285 6312 NORTHERN MARIANA ISLNDS Saipan MP 670 664 9123 |
| boating registration and education information OHIO Columbus OH 614 265 6476 OKLAHOMA Barnsdall OK 918 847 2001 OREGON Salem OR 503 378 2619 PENNSYLVANIA Harrisburg PA 717 705 7830 PUERTO RICO San Juan PR 787 724 2340 RHODE ISLAND Providence RI 401 222 2284SOUTH CAROLINA Columbia SC 803 734 4004 SOUTH DAKOTA Pierre SD 605 773 2750 TENNESSEE Nashville TN 615 781 6682 TEXAS Austin TX 512 389 4624 UTAH Salt Lake City UT 801 538 7341 VERMONT Williston VT 802 878 7111 VIRGIN ISLANDS St Thomas VI 340 774 3320 VIRGINIA Richmond VA 804 367 6481 WASHINGTON Olympia WA 360 586 6616 WEST VIRGINIA Charleston WV 304 558 2784 WISCONSIN Madison WI 608 264 8970 |
(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