Help In Times Of 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.

Legal issues can stem from a variety of violations related to market and industry. They may pertain to ferried goods, or actions by the captain and/or crew. A complicated lawsuit can take years to reach a verdict or settlement. Getting professional help is of the essence in achieving a fair judgment, but even then, the outcome will be unknown.

Many shipping businesses operate with borrowed funds. These loans have stringent ramifications and being delinquent or in arrears can result in arrest until the funds are paid off or at least up to date. In other words, you may not default without consequences. Thus, it pays to be fiscally prudent.

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.

Another form of protection at sea is to have maritime insurance for various incidents and hazards. It can cover one or more unforeseen events in a policy. Furthermore, insurance can pertain to one voyage or all during a given time frame. Comprehensive coverage is best for regular shipping activity, although it can be expensive.

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.




About the Author:



No comments:

Post a Comment