Maritime 人身伤害 and 财产损失
Our experienced attorneys counsel and defend waterfront and maritime employers in the complex jurisdictional crossroads that involve the Jones Act, 不适航, 维护与治疗, 沿岸, 905(b), 《十大网赌平台》, 国家职工赔偿, 以及州普通法和成文法. Waterfront and maritime employer negligence, 海事工资和工时纠纷, 海上交通事故, and personal injury litigation defense are in our wheelhouse whether you are dealing with offshore injury claims or claims closer to shore. 联系 us to learn more about your options and strategies before, during, and after litigation.
Seamen’s Rights: Jones Act, 不适航, and 维护与治疗
An injured employee seaman will often claim three causes of action against an employer. These claims of negligence under the Jones Act, damages allowed by the maritime law of unseaworthiness, and the ancient maritime obligations of maintenance and cure combine with the Savings to 西装ors Clause to allow an injured seaman to bring these federal claims against his maritime employer in federal or state court. Bundling these claims ensures the seaman will have his or her claims heard by a judge and a jury.
General maritime law is the federal common law of personal injury and property damage as it relates to 海上交通事故 and maritime injuries. Where a federal statutory scheme does not control a particular action, this law applies. 例如, 在海上船只上受伤的人, 谁不符合海员的资格, still possesses personal injury claims arising by operation of general maritime law. 另外, the 《十大网赌平台》 confirms these claims arise by operation of general maritime law regardless of whether the symptoms of the alleged injury first occur at sea or on land.
Many employers have familiarity with state workers’ compensation laws, but waterfront and maritime employers must understand not only the complexities of those statutory requirements but also the federal statutory requirements of the United States 沿岸 and Harbor Workers’ Compensation Act. 比如州工人赔偿法, the 沿岸 Act provides statutory compensation in lieu of tort damages. 然而, this federal workers’ compensation program requires a status and situs analysis and differs from state workers compensation laws in several ways. 此外, section 905(b) of this federal workers compensation program allows injured workers to bring tort-based claims for breaches of marine vessel duties against vessel owners including an owner, 谁是直接雇主.
It is difficult to separate maritime property damage claims from maritime personal injury claims given the nature of vessel collisions and allisions. When vessels collide or allide both personal injury and property damage claims can often arise. 在这些情况下, the violation of a statute or regulation normally decides the source of liability. The International Regulations for Preventing Collisions at Sea, 《十大赌博网站》(沉船法), and maritime common law and its established maritime presumptions can come into play. Cargo damage claims have their governing statutory scheme and will often be governed by the provisions of the Harter Act and the Carriage of Goods by Sea Act (COGSA). We can assist with property damage claims falling into this complex arena of the law.
Whether the matter involves property damage or personal injury, our attorneys are well versed in maritime law and the Supplemental Rules of 海军上将的职位. We can help with maritime attachments and garnishments, 对船舶的对物诉讼, 扣押船只, limitation of liability actions by vessel owners, 没收船只.
We have handled a multitude of maritime matters for public and private marine terminals, 船厂, 拖船及驳船权益, marine construction and engineering companies, 渔船船东, 国际航线, 打捞公司, 其他滨水及海运业务, 还有休闲划船者.