How To Respond To Civil Maritime Litigation

By Kenya England


Those who operate vessels on the high sea are subject to certain rules and regulations that are stringent and pertain only off land. If they are violated, there could be consequences and even civil maritime litigation. It is another world indeed that has its own code of conduct that must be followed to the letter of the law.

It is never an ideal situation to find oneself subject to arrest or monetary fines. It pays, therefore, to keep up to date on maritime law and to conduct one's shipping business in accordance with it. No one is exempt since these laws have been handed down by a United Nations Agreement and various related alliances. They are then known as admiralty regulations. Committing a crime can entail a lengthy, expensive lawsuit that can last for several months, seriously harming a seagoing enterprise.

It pays to know the law and to be cautious at all times. Ignorance is no excuse. They govern captains, crews, and ferried goods. Litigation can attack any or all of these entities. The results can be costly to the shipping business, which includes the services of a legal advocate. You want the best but it will be an expensive proposition.

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.

Another strict area has to do with willful water pollution, such as occurs with oil tankers that create spills. A lawsuit is sure to follow. The ecological problems can be legion and warrant litigation. Sea creatures can be decimated causing significant liability, and even incarceration. An admiralty lawyer will be waiting in the wings to assist in the legal process, particularly when the captain is held accountable.

Insurance is another form of precaution in addition to having a maritime attorney waiting in the wings. Policies can cover one or more hazards and incidents. Protection is vital even if it is expensive. You never know when or where a mishap will occur. Policies can cover just one trip or many within a stated time frame. It can save a shipping company from financial devastation.

When an incident occurs, one of the first things you do is to contact your agent in order to begin processing a claim. The time frame is usually indicated in the policy fine print. You hope that this is the end of your problems and that you can circumvent any litigation. It can be simply a matter of recovering from a loss.

Companies that operate cruise ships or haul cargo on a regular basis should be knowledgeable of the relevant laws and also of their rights to receive insurance reimbursement. The ramifications are serious and legal proceedings are intricate. Having the right agent and maritime attorney are mandatory.




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