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General Maritime Claims

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.

Private/Recreational Boating Accidents
Posted by: rzehl
January 29, 2009

 

Maritime law is not restricted to commercial accidents only. In fact, most accidents involving a private or recreational vessel fall neatly within the scope of maritime law. More often than not, these accidents result due to the careless or reckless actions of the vessel operator. In addition, an inexperienced operator or even a vessel malfunction can also cause an incident.

A recreational vessel operator has a duty to exercise due care in the operation of any watercraft. Failure to do so can result in liability for any injury that was the result of the operator’s negligence. Specifically, violations of this duty include:

1.     failure to pay attention;

2.     failure to abide by the rules of the water (exceeding the speed limit, boating while intoxicated, etc.);

3.     failure to abide by the established load limits (too many people onboard, people seated in a dangerous position, etc.) and

4.     failure to properly maintain the vessel.

Boating accidents are very serious and often result in severe injury, dismemberment or even death. When the careless or reckless behavior of the operator causes a boat accident, that individual can be held liable for any resulting damages.

In a time of great difficulty, you need someone with the knowledge and experience necessary to hold the negligent party responsible. Navigating the complexities of maritime law is not something that just any lawyer can do. The vast majority of attorneys will never even be offered a maritime case, let alone handle one successfully. Contact the experienced Texas boating accident lawyers at the Fitts Zehl Law Firm by phone at (713) 491-6064 or by email at info@gulfcoastmaritimelawyer.com. We are committed to helping you during your time of need. The Law Firm of Fitts Zehl, LLP represents maritime clients throughout the Gulf Coast region including: Texas, Louisiana, Alabama, Mississippi and Florida. 

 

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Principal office located in Houston, Texas. Ryan Zehl is the attorney responsible for the content of this site.