Help In Times Of Civil Maritime Litigation

By Kenya England


Vessels at sea, whether cruise or cargo ships, are subject to laws and regulations no matter their origin or purpose. If they are in violation, willful or not, they can be subject to civil maritime litigation with all the negative consequences it entails. Therefore it pays to be up to date on the possible recourse, especially in regard to extensive lawsuits.

These laws stem from regulations developed and sanctioned by the United Nations Agreement. All seagoers are bound to abide by them anywhere in the world. Vessels are subject to admiralty regulations set up by various alliances at all times, and ignorance of the law is never a valid excuse. If you do end up committing a crime, you need the services of a marine lawyer to help you navigate the waters of any related lawsuit.

It pays to be wary of these laws and to make every effort to abide by them at all times. It takes knowledge to avoid violations. Declarations against ships can ensue if they are ignored and this goes as much for cruise ships as for cargo vessels. Captains and crews can be arrested or fined for willful violations and the cargo may be confiscated. This is costly indeed and it pays to know and respect the law.

Many ships operate with private funding or loans. If you are delinquent or in arrears, you will be subject to arrest or a demand for payment, especially if it is a repeated action. There are many other possible incidents, fiscal or otherwise, that can result in legal action. You want to avoid a negative admiralty verdict if possible. Good legal help is of the essence in preventing such an occurrence.

A serious incident that can result in maritime litigation is water pollution such as occurs with an oil spill at sea. It can devastate the shoreline, causing an ecological imbalance that is difficult to remedy, and decimate sea and shore creatures for years. A significant liability will follow and even incarceration of the responsible party. Of course it is not a willful action and likely an accident, but it does not change the circumstances that follow.

To prevent a catastrophe, it pays to take out maritime insurance in the event of a mishap. They cover various hazards most likely to happen at sea. They are designed to cover a voyage or they can be a time charter plan, both offered by indemnity agents. The latter is simply coverage for a duration, while the former is only one time. They may restrict hazards or cover them all. A comprehensive insurance policy makes sense for the average shipping company.

It is advisable, if not mandatory, to keep your insurance up to date in force in the event of a hazard or other problem while at sea. If something should arise, there may be a time limit in contacting your agent. Claims must be prompt or you may be facing default. It is painful to suffer any kind of financial loss.

A legal proceeding becomes a major ordeal that can tie up a maritime business for months or more. If the vessel is arrested, the cost can be prohibitive and recovery through insurance may be your only recourse. In any case, keeping the name of a marine lawyer on head is a wise action.




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