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MARITIME ARTICLES |
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Limitation of Liability One of the most unusual aspects of admiralty law is that under certain circumstances shipowners and other eligible persons may limit their liability in the event of a casualty involving their vessel to the post casualty value of the vessel and pending freight (money already earned by the vessel). To be successful, however, the person seeking to limit their liability had neither privity nor knowledge of a circumstance causing the casualty. For example, if two container ships collided, the and the owners were not aboard or in control, the owners would likely assert their right to limit liability. If the vessel is on the ocean floor, its value could well amount to $0. If people were injured or killed in the sinking, a commercial owner will also be required to constitute a personal injury fund equal to $420 per ton, for payment to the personal injury claimants. In a serious case, this may save vessel owners a great deal of money. An owner, however, must file the petition very quickly after they receive notice of potential claims against them. Vessel owner's in this context include those that have chartered the vessel. Do not wait until you are sued before seeking the advice of counsel. Delay may mean that you forfeit a very important right, and the loss of a defense that could well save millions of dollars. |
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