The Nuts and Bolts of Maritime Liens
A maritime lien gives a provider of fuel, repair services etc. an automatic lien on the ship the services were provided to. The lien allows the provider to seize the ship and sell it in satisfaction of the lien and the costs of sale. By “automatic” I mean the lien...
A Tradition Unbroken
A Tradition Unbroken John Masefield, of “Sea Fever” fame, also wrote “Cargoes”: Quinquireme of Nineveh from distant Ophir, Rowing home to haven in sunny Palestine, With a cargo of ivory, And apes and peacocks, Sandalwood, cedarwood, and sweet white wine. Stately...
Salvage Claims & Awards Under Admiralty Law
I am tending traps in my lobster boat one blustery fall day, and as I watch an expensive yacht run up on a ledge. The yacht backs away from the ledge, then loses power and begins to flood. Despite the menacing rocks I come alongside, and the passengers clamber onto my...
How to Buy a Boat
In Part One, I discussed how a new boat buyer can protect himself or herself from the boat yard’s financial trouble and from the catastrophic loss of the boat while building. This article supposes you have found a used boat you want to buy There are two areas of...
Death on the High Seas
When a person is killed on the “high seas” due to a wrongful act, federal law provides a remedy in the Death on the High Seas Act, 46 U.S.C. §30302. “High seas” is generally defined as beyond the territorial waters of any of the fifty states, that is, 12 miles or more...
Medical Malpractice Law in Maine (2012)
From Injury to Judgment: Medical Malpractice Law in Maine (Updated through 2011) The right to sue a doctor is rooted in common law, almost always the law of torts (negligence), very, very rarely in the law of contracts. In law school we learn that a...
Cruise Ship and Ferry Liability for Passenger Injuries
Whether a cruise ship or ferry is liable for injuries to a passenger turns on law that is a lot like the “tort law” we find on land. That is, with one important exception a cruise ship or ferry operator does not guarantee the safety of its passengers. Only if the ship...