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One of the more unusual
elements of maritime law to
be encountered in boating
accidents is limitation of
liability. It emerged with the
intent of encouraging
commerce by limiting
liability of vessel owners
with factors outside their
control. Because a voyage
on the high seas was an
endeavor filled with risk and
peril, much of maritime law
emerged to befriend the
merchant. There are other
legal concepts that are close
to being exclusively maritime
in nature, such as vessel
arrest, marine liens, in rem
jurisdiction, to name a few.
Unfortunately, injuries on
the water aren't always fairly
dealt with in this specialized
branch of law. Experienced
maritime attorneys recognize
this.
To learn more about how
limitation of liability can hurt
the rights of a boating
accident plaintiff, see
Defeating Limitation of
Liability in Maritime Law. I
wrote the piece for the
Association of Trial Lawyers
of America. It discusses how
the City of New York invoked
limitation of liability in the
October 2003 crash of the
Staten Island Ferry Andrew
Barberi and how the concept
can be used against the
pleasure boater plaintiff.
Other legal issues will be
covered in the future, such
as liability for ethanol
damage to fiberglass
gasoline fuel tanks, other
legal remedies, boat design
legal issues and warranty
issues.
Tim Akpinar Contact Information:
Telephone:
E-mail:
Street
Address:
Mailing
Address:
Website:
© February 2005 by Tim Akpinar
All Rights Reserved
The contents of this website may not be copied
or transmitted without the prior written consent
of Tim Akpinar
elements of maritime law to
be encountered in boating
accidents is limitation of
liability. It emerged with the
intent of encouraging
commerce by limiting
liability of vessel owners
with factors outside their
control. Because a voyage
on the high seas was an
endeavor filled with risk and
peril, much of maritime law
emerged to befriend the
merchant. There are other
legal concepts that are close
to being exclusively maritime
in nature, such as vessel
arrest, marine liens, in rem
jurisdiction, to name a few.
Unfortunately, injuries on
the water aren't always fairly
dealt with in this specialized
branch of law. Experienced
maritime attorneys recognize
this.
To learn more about how
limitation of liability can hurt
the rights of a boating
accident plaintiff, see
Defeating Limitation of
Liability in Maritime Law. I
wrote the piece for the
Association of Trial Lawyers
of America. It discusses how
the City of New York invoked
limitation of liability in the
October 2003 crash of the
Staten Island Ferry Andrew
Barberi and how the concept
can be used against the
pleasure boater plaintiff.
Other legal issues will be
covered in the future, such
as liability for ethanol
damage to fiberglass
gasoline fuel tanks, other
legal remedies, boat design
legal issues and warranty
issues.
Tim Akpinar Contact Information:
Telephone:
E-mail:
Street
Address:
Mailing
Address:
Website:
© February 2005 by Tim Akpinar
All Rights Reserved
The contents of this website may not be copied
or transmitted without the prior written consent
of Tim Akpinar
Because the Supreme Court has
qualified pleasure boating as traditional
maritime activity, unwary plaintiffs can
find themselves facing an array of arcane
maritime law thrown at them by an
aggressive defendant. Federal courts
have gone so far as to qualify a jet-ski
accident as subject to maritime law. If
you sustained injuries in a boating or
diving accident and would like to learn
more about your rights, call. The
consultation is free and confidential.
qualified pleasure boating as traditional
maritime activity, unwary plaintiffs can
find themselves facing an array of arcane
maritime law thrown at them by an
aggressive defendant. Federal courts
have gone so far as to qualify a jet-ski
accident as subject to maritime law. If
you sustained injuries in a boating or
diving accident and would like to learn
more about your rights, call. The
consultation is free and confidential.
(718) 224-9824
timakpinarlawoffice@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
timakpinarlawoffice@verizon.net
250-02 Northern Blvd - Suite 200
Little Neck, New York 11363
P.O. Box 620766
Little Neck, New York 11362
www.mycounsel.us
It isn't always negligence... some
boating accidents are litigated under
the theory of product liability.
boating accidents are litigated under
the theory of product liability.
See Our Video
Learn More About Us
Learn More About Us
| In The Ensign, magazine of the United States Power Squadron, Tim covers legal issues for a maritime attorney in a boating accident lawsuit. These include limitation of liability, presumptions in maritime law, and admiralty jurisdiction on navigable waters. To learn more, click Boating Accident Law . |
Bayside Power Squadron (a unit of the
United States Power Squadrons) hosted a
presentation by maritime attorney Tim
Akpinar at St. Anastasia's Church in
Douglaston, New York on Mar. 31, 2008.
United States Power Squadrons) hosted a
presentation by maritime attorney Tim
Akpinar at St. Anastasia's Church in
Douglaston, New York on Mar. 31, 2008.
R/C Eugene Molteni and Lt/C Sharon
Molteni, pictured here with Tim, are
active members in the Power Squadron
and are involved in furthering boating
education throughout the United
States. Gene teaches a celestial
navigation class, one of the many
squadron courses available.
Molteni, pictured here with Tim, are
active members in the Power Squadron
and are involved in furthering boating
education throughout the United
States. Gene teaches a celestial
navigation class, one of the many
squadron courses available.
| Article from Chesapeake Bay Boating - To Salvage or To Tow, where Tim discusses how maritime law comes into play in the difference between a simple towing operation and a traditional marine salvage operation. |
| In Boater's Digest, Tim covers the Basics of Marine Insurance . It offers a basic overview of marine insurance, covering liability coverage, physical damage, and additional aspects of insurance coverage. |
We share our waterways with
boaters of varying levels of
skill, thoughtfulness, and
courtesy. With more boats
out there, it is important for
everyone to operate their
vessels safely to prevent
accidents. To learn about
things you should do if you
are involved in a boating
accident, click What to do if
You Are Involved in a
Boating Accident . It covers
exchanging marine
registration information,
filing boating accident
reports and other things to
do after a boating accident.
It sometimes comes as a
surprise to pleasure boaters
that maritime law can apply
to a boating accident. After
all, maritime law is thought
of as the realm of container
ships, tankers, tugboats, and
vessels of a commercial
nature. However, a small
sailboat could find itself
subjected to the same
maritime law as an ocean
going tanker. A maritime
attorney familiar with the
less commonly known
elements of boating law
understands how these
elements can undermine the
rights of the injury victim if
not dealt with effectively.
Perhaps the most
fundamental maritime laws
related to pleasure boating
are the rules of the road. To
see a brief discussion of
some of the legal issues that
are involved in a boating
accident, go to Boating
Accident Legal Issues. In
these pages, you can also
learn how the Coast Guard
collects and analyzes
boating accident data and
summarizes its findings in
annual reports.
boaters of varying levels of
skill, thoughtfulness, and
courtesy. With more boats
out there, it is important for
everyone to operate their
vessels safely to prevent
accidents. To learn about
things you should do if you
are involved in a boating
accident, click What to do if
You Are Involved in a
Boating Accident . It covers
exchanging marine
registration information,
filing boating accident
reports and other things to
do after a boating accident.
It sometimes comes as a
surprise to pleasure boaters
that maritime law can apply
to a boating accident. After
all, maritime law is thought
of as the realm of container
ships, tankers, tugboats, and
vessels of a commercial
nature. However, a small
sailboat could find itself
subjected to the same
maritime law as an ocean
going tanker. A maritime
attorney familiar with the
less commonly known
elements of boating law
understands how these
elements can undermine the
rights of the injury victim if
not dealt with effectively.
Perhaps the most
fundamental maritime laws
related to pleasure boating
are the rules of the road. To
see a brief discussion of
some of the legal issues that
are involved in a boating
accident, go to Boating
Accident Legal Issues. In
these pages, you can also
learn how the Coast Guard
collects and analyzes
boating accident data and
summarizes its findings in
annual reports.
Boaters don’t generally regard rules of
the road as “maritime law”, but rather, as
essential boating knowledge. But there
are elements of maritime law that can
come as an unpleasant surprise to the
injury victim. One of these is the concept
of limitation of liability. In a boating
accident, a defendant may attempt to
reduce the plaintiff's injury award to the
salvage value of the defendant’s vessel.
This could be a frightening prospect if a
negligent boater collides with you at high
speed and, perish the thought, leaves
you seriously injured. Medical issues in a
boating accident is discussed further in
Medical Issues in Marine Injuries -
Boating Accident Injuries .
If the defendant's vessel was a 1972
center console worth $1,000 after the
collision, does that mean your injury
award could be capped at $1,000? It
might not happen, but it is not
inconceivable. Before continuing with the
discussion of limitation of liability, you
can click the following to read about the
Causes of Boating Accidents
the road as “maritime law”, but rather, as
essential boating knowledge. But there
are elements of maritime law that can
come as an unpleasant surprise to the
injury victim. One of these is the concept
of limitation of liability. In a boating
accident, a defendant may attempt to
reduce the plaintiff's injury award to the
salvage value of the defendant’s vessel.
This could be a frightening prospect if a
negligent boater collides with you at high
speed and, perish the thought, leaves
you seriously injured. Medical issues in a
boating accident is discussed further in
Medical Issues in Marine Injuries -
Boating Accident Injuries .
If the defendant's vessel was a 1972
center console worth $1,000 after the
collision, does that mean your injury
award could be capped at $1,000? It
might not happen, but it is not
inconceivable. Before continuing with the
discussion of limitation of liability, you
can click the following to read about the
Causes of Boating Accidents
| Recreational Boating Accidents - Jet Skis - Personal Watercraft - Waterskiing Injured on Navigable Waters - Kayaks - Canoes - Divers - Swimmers - Rental Boats - Charter Boats - Paddleboats |
| Boating registration and education information OHIO Columbus OH 614 265 6476 OKLAHOMA Barnsdall OK 918 847 2001 OREGON Salem OR 503 378 2619 PENNSYLVANIA Harrisburg PA 717 705 7830 PUERTO RICO San Juan PR 787 724 2340 RHODE ISLAND Providence RI 401 222 2284SOUTH CAROLINA Columbia SC 803 734 4004 SOUTH DAKOTA Pierre SD 605 773 2750 TENNESSEE Nashville TN 615 781 6682 TEXAS Austin TX 512 389 4624 UTAH Salt Lake City UT 801 538 7341 VERMONT Williston VT 802 878 7111 VIRGIN ISLANDS St Thomas VI 340 774 3320 VIRGINIA Richmond VA 804 367 6481 WASHINGTON Olympia WA 360 586 6616 WEST VIRGINIA Charleston WV 304 558 2784 WISCONSIN Madison WI 608 264 8970 |
| Boating registration and education information ALABAMA Montgomery AL 251 981 2673 ALASKA Anchorage AK 907 269 8705 AMERICAN SAMOA Pago Pago AS 684 633 1111 ARIZONA Phoenix AZ 602 789 3383 ARKANSAS Little Rock AR 501 223 6379 CALIFORNIA Sacramento CA 9162634326 COLORADO Littleton CO 303 791 1954 CONNECTICUT Old Lyme CT - 860 434 8638 DELAWARE Dover DE 302 739 9913 Washington D.C. Wash DC 202 727 4583 FLORIDA Tallahassee FL 8504885600 GEORGIA Social Circle GA 7709186408 GUAM GMF Barrigada GU 6714758447HAWAII Honolulu, HI 808 587 1966 Idaho Boise ID 208 334 4180 ILLINOIS Sterling IL 815 625 0086 INDIANA Indianapolis IN 317 232 4010 IOWA Des Moines IA 515 281 6154 KANSAS Pratt KS 620 672 0758 KENTUCKY Frankfort KY 502 564 3176 LOUISIANA Bt Rouge LA 225 765 2987 MAINE (COASTAL) Augusta ME 207 624 6555 MAINE (INLAND) August ME 207 287 2766 MARYLAND Annapolis MD 410 260 8881 MASSACHUSETTS Hyannis MA 617 727 8760 MICHIGAN Lansing MI 517 373 7109 MINNESOTA St Paul MN 651 259 5362 MISSISSIPPI Jackson MS 601 432 2185 MISSOURI Jefferson City MO 573 751 3333 MONTANA Helena MT 406 444 0136 NEBRASKA Lincoln NE 402 471 5579 NEVADA Reno NV 775 688 1542 NEW HAMPSHIRE Gilford NH 603 293 0091 NEW JERSEY W Trenton NJ 609 882 2000 NEW MEXICO Santa Fe NM 505 476 3369 NEW YORK Albany NY 518 474 0445 NORTH CAROLINA Raleigh NC 919 707 0010 NORTH DAKOTA Bismarck ND 701 3285 6312 NORTHERN MARIANA ISLNDS Saipan MP 670 664 9123 |
Tim spoke about legal issues
encountered by recreational boaters,
such as marine salvage, general
maritime law and admiralty jurisdiction
over pleasure boats, boating accident
legal issues, marine liens and other
topics.
encountered by recreational boaters,
such as marine salvage, general
maritime law and admiralty jurisdiction
over pleasure boats, boating accident
legal issues, marine liens and other
topics.
The duty to cooperate with the
insurance carrier... is it an absolute
duty? Tim covered this issue for Long
Island Boating World
insurance carrier... is it an absolute
duty? Tim covered this issue for Long
Island Boating World
It also covers a
few ways to save
money on boat
insurance, such
as boating safety
courses, safety
equipment, higher
deductibles and
realistic judgment
in selecting a
geographic scope
in which the
vessel will
operate.
few ways to save
money on boat
insurance, such
as boating safety
courses, safety
equipment, higher
deductibles and
realistic judgment
in selecting a
geographic scope
in which the
vessel will
operate.
Click Maritime Law
and Sailing, from
Windcheck, where
Tim discusses
federal jurisdiction
and other maritime
law issues in
boating accidents.
and Sailing, from
Windcheck, where
Tim discusses
federal jurisdiction
and other maritime
law issues in
boating accidents.
The insurance
industry treats
vessels by size in
designating what
type of marine
policy is required.
industry treats
vessels by size in
designating what
type of marine
policy is required.