Maritime Law News
Legal and other developments in Maritime Law
For older maritime law and related marine news, see the Archives.
Friday, January 8, 2016 U.S. Maritime Law allows for Limitation of Liability under certain
circumstances. Vessel interests in the recent and tragic loss of
El Faro are attempting to
invoke the law for impending litigation related to the sinking of the vessel.
Wednesday, February 23, 2016 Injury Involving Docking Accident with Boat that Lost Power
expert testimony as to legal duties between boat and commercial towing service.
Thursday, January 21, 2016 Boat Collides With Dock - Who is Liable in an Accident Involving
a Breakaway Boat? This New York case examines the legal presumption that applies, as
well as the elements of rebutting the presumption.
Thursday, March 3, 2016 Cruise ship passenger sue Royal Caribbean Cruise Line after the
ship is caught in severe weather and sea conditions off Cape Hatteras
Tuesday, March 22, 2016 Lawsuit Involving Yacht Conversion arises between vessel owner
and shipyard. Tim covered this case for Long Island Boating World magazine.
Monday, April 4, 2016 Boating Accident Examines Determination of Total Constructive Loss
After Docked Boat is Struck by Government Vessel . A boat owner should be compensated
for property damage after a boating accident... but a number of factors become admissible
for courts to consider in computing loss... surveyor reports, modifications, etc.
Wednesday, April 20, 2016 Jones Act Case in Federal Court Illustrates Operation of Punitive
Damages . Although U.S. Maritime Law recognizes the concept of punitive damages, the
concept is relevant on a case-by-case basis, examining various legal issues.
Friday, May 6, 2016 Boating While Intoxicated and Boating Under the Influence - Factors in
Boating Accidents. Public service announcements warn about misdemeanor and felony
charges in BWI and BWAI arrests and convictions. Tim covered these issues for the United
States Power Squadron in a recent issue of The Ensign, their quarterly magazine.
Thursday May 26, 2016 Federal Court Upholds Maritime Arbitration Decision Regarding
Legal Defense of Duress  The First Circuit Court of Appeals upheld a maritime arbitration
decision in which duress was raised as a defense in a salvage action. Tim covered this
decision in the recent issue of Long Island Boating World.
Wednesday June 29, 2016 In the recent issue of Long Island Boating World , Tim covers the
duty to cooperate with marine insurance carriers. Whether a claim stems from a boating
accident on navigable or non-navigable waters, collision, allision, salvage, or other type of
personal injury, property damage, medical expenses, lost wages, etc., the policyholder will
be subject to an investigation by the underwriter. What are the claimant's legal rights and
duties in complying with and cooperating with the insurance carrier? Click the link above to
read the article.
Tuesday July 12, 2016 Alcohol Issues in a Boating Accident - Long Island Boating World  A
federal lawsuit heard in District Court in the District of Maryland examined issues of liability in
a boating accident where the passenger alleged the resort where the boat was moored
should be liable for her injuries when the boat crashed into a stationary object.
Friday, August 26, 2016 Who is at Fault in a Maritime Collision The second part of this
federal case that was heard in District Court in the Northern District of Illinois, Eastern
Division demonstrated the application of the dominant mind doctrine, a admiralty and
maritime law principle used to determine liability in multi-vessel collisions and accidents.
Thursday, August 11, 2016 Environmental law considerations don't often come to the
forefront in the realm of adjudicating boating accident claims and other injury and property
damage cases. However, environmental law issues for pleasure boaters, marinas, yacht
clubs, boat yards and other facilities have grown in importance.
Monday, July 25, 2016 Who is at Fault in a Maritime Collision  A federal case in District Court
in the Northern District of Illinois, Eastern Division addressed the issue of liability in a
multi-vessel maritime accident on navigable waters.
Wednesday, September 7, 2016 Determining subject matter jurisdiction in a boating
accident In the September 2016 issue of Long Island Boating World, Tim covers a federal
district court case that addresses the issue of jurisdiction in accidents involving pleasure
boats and recreational watercraft.
Monday, September 26, 2016 Criminal Prosecution under Maritime Law involving Seamen
and Vessel Operator The U.S. Dept. of Justice applied federal environmental law to
prosecute crew members and vessel owners in an incident involving the unlawful discharge
of waste onto navigable waters.
Friday, October 28, 2016 Jones Act standing in a maritime injury lawsuit hinges on legal test
for seaman status under federal case law The U.S. Dept. of Justice applied federal
environmental law to prosecute crew members and vessel owners in an incident involving
the unlaw
Tuesday, October 11, 2016 Court applies same admiralty jurisdiction test as that used in
boating accident for shark bite lawsuit The U.S. Dept. of Justice applied federal
environmental law to prosecute crew members and vessel owners in an incident involving
the unlawful discharge of waste onto navigable waters.
Saturday, April 29, 2017 Legal Issues about cell phone use confront federal court following
a boating accident involving a speedboat and a ferry . The California district court was faced
with the commercial vessel operator's petition to limit liability, commonly arising in maritime
law litigation.
Thursday, July 27, 2017 The fine print on your cruise ship ticket - in an accident, forum
selection clauses are enforceable . A recent federal case demonstrated this in a wrongful
death - survivorship action in federal court involving Carnival Cruise Line - the lawsuit also  
involved the role of third party facility - tour operator.
Tuesday, August 22, 2017  In the August issue of Long Island Boating World, Tim covers a
case that involves the legal rights of a boat captain under the Jones Act following an accident
involving his employment on a pleasure boat.  
Yacht captain's legal rights in boating accident
under Jones Act .
Thursday, October 26, 2017 In the October issue of WorkBoat magazine, Tim covers a case
that examines the legal operation of a full and final release executed in a Jones Act case
involving an injured commercial fishermen.
 Federal Court upholds release in Jones Act
injury lawsuit involving settlement of the case in a foreign jurisdiction.
Thursday, December 28, 2017 Jones Act Injury - Cruise Ship Accident - Boating Accident -
Whatever the case, Jury instructions mean a lot A boating jet ski accident proved this to be
the case in an accident that occurred on a lake in Kentucky.
Friday, February 23, 2018 Jones Act - Shoreside Maritime Worker Injury A recent federal case
examined the vessel owner's turnover duty - Tim covered this issue in a recent article in
WorkBoat magazine.
Tuesday, May 22, 2018 Insurance Coverage in Boating Accident If someone is injured in a
boating accident, a maritime lawyer will examine coverage under the homeowner or marine
policy. Compensation for injuries, medical expenses, and lost wages are governed by policy
coverage in litigation and arbitration of lawsuits stemming from collisions on the water.
Friday, July 27, 2018 NTSB examines evidence in passenger vessel accident The NTSB has
looked at transcripts of the Ride the Ducks passenger vessel that sank with a tragic loss of
17 lives in July 2018. Maritime attorneys have filed wrongful death actions involving the
accident, and will likely be following the investigations involving the vessel's seaworthiness.
Monday, August 6, 2018 Maritime Law Statutes of Limitations Are maritime attorneys
governed by the same statute of limitation in all maritime cases, whether involving boating
accidents. Jones Act commercial mariner injuries, injured cruise ship passengers, medical
malpractice cruise ship plaintiffs... or are there caveats? Tim covers this issue in the current
issue of Long Island Boating World.