Monday 21 September 2015

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.

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.

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.

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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