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General maritime law consists of the common law causes of action that have developed over the years. This body of law provides seamen with additional rights and damages outside of the Jones Act. It also allows for claims by the surviving family members for the death of a maritime worker. General maritime law even provides remedies for non-seamen injured at sea or during the course of maritime activities. The statute of limitations for general maritime claims is three years from the date of the incident. In some cases, the statute can either be shortened or extended so it is important to contact an experienced maritime lawyer to ensure that your claim is filed in a timely manner. The most notable maritime provisions regarding seamen are claims for unseaworthiness, maintenance and cure, and common law negligence against a third party. Also, general maritime law follows a strict liability standard for product liability and provides non-seamen with causes of action for negligence and wrongful death relating to an injury on navigable waterways. Under general maritime law, punitive damages and attorney's fees are not usually recoverable in cases of a seaman against their employer. In certain circumstances, however, courts have allowed recovery of punitive damages against third-party defendants who are not employers, as long as the claim falls within general maritime law and not under the Jones Act or any other federal statute. It is imperative that you consult an experienced maritime injury attorney to ensure that your claim is filed properly and in a timely manner. Contact the Texas maritime injury attorneys at Fitts Zehl, LLP toll-free at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com. We represent clients in states throughout the gulf coast region including: Louisiana, Alabama and Mississippi.
Limitation of Liability Act Congress passed the Limitation on Liability Act in 1851 to encourage the building of new ships and to reassure capitalists that the ship-building industry was a good place to invest money. The Act also had the purpose of leveling the global playing field since most other maritime nations already had their own limitation acts in place by that time. This Act allows a vessel owner to limit liability for damage or injury, as long as the incident occurred without the owner's privity or knowledge, to the value of the vessel or the owner's interest in the vessel. In essence, a vessel owner may limit his liability so that it does not exceed the amount or value of his interest in the vessel. The Texas maritime law firm of Fitts Zehl, LLP is ready to evaluate your claim. We represent clients from all over the Gulf Coast including Houston, New Orleans, Corpus Christi and Mobile. Contact the experienced offshore attorneys of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887. |
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