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

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.










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© 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
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.
registration and education.

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 6714758447
HAWAII
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)
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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
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NORTHERN MARIANA ISLNDS
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(718) 224-9824
t.akpinar@verizon.net

250-02 Northern Blvd - Suite 200
Little Neck, New York 11363

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Little Neck, New York 11362

www.mycounsel.us
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.
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.
Recreational Boating Accidents - Jet Skis - Personal Watercraft - Waterskiing
Injured on Navigable Waters - Kayaks - Canoes - Divers - Swimmers - Rental Boats - Charter Boats - Paddleboats
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
Important Product Recall -
Sportsstuff, Inc. is voluntarily
recalling about 19,000 of its
Wego Kite Tubes, a watercraft
designed to be towed behind a
powerboat. Read more at
What's New.
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