| Go to "Commercial Vessels", and click the text Commercial Divers, Longshoremen and Shipyard Workers to see the article Marine Pollution, by Tim Akpinar, from the November 2005 issue of WorkBoat. |
| Go to Maritime Law Links (in the Links Section) to see Tim Akpinar article about new U.S.C.G. reportable incident regs...important reading. |
| Recall Information about a recreational watercraft...go to What's New to read more... The Omaha, Nebraska company Sportsstuff, Inc. is voluntarily recalling about 19,000 of its Wego Kite Tubes, a watercraft designed to be towed behind a powerboat. This was announced in a July 13, 2006 press release from the U.S. Consumer Product Safety Commission |
| From Montauk Point to Sheepshead Bay...from Sandy Hook to Cape May, New Jersey and points beyond, this office is ready to provide marine legal assistance, services, information, and answer your legal questions and other FAQs...frequently asked questions....as a legal info hotline...covering Suffolk County, Nassau County, Queens, Brooklyn, the Bronx, City Island, Manhattan, Staten Island, Westchester, White Plains, Putnam, Rockland, Kingston, Albany, Massena, Rochester, Buffalo, Ocean, Camden, Gloucester, Salem, Atlantic, Monmouth counties. |
| In the links section, there are useful resources and references for discount boating equipment and supplies, sails, rigging, hardware, marinas, brokerages, clubs, life preservers, personal flotation devices (PFD), global positioning systems (GPS), navigation equipment, celestial navigation, terrestrial navigation, dead reckoning, yacht design, ship design, naval architects, engineers, surveyors, brokers, insurance, finance, title documentation, licensing, training, education, maritime employment and jobs on a ship, tugboat, ferry, yacht or other vessel as well as nautical information from websites in the United States of America and overseas. Some of the resources can be useful if you want to buy, sell, charter or rent a boat, or need help with finding diesel and gas engines, outdrives, propellers and other technical, professional information, and legal info and legal help. |
| © 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 |
| Who Pays Your Medical Bills in a Maritime Injury? If someone is injured aboard a cruise ship, charter boat or other vessel, one of the first things they think about is who will pay my medical bills. If they are a passenger, the cruise ship or other vessel they are aboard as a passenger is responsible for payment of medical bills. If they are a crew member or employee, the vessel and operator is still the source of reimbursement for their medical expenses. This would be in the form of maintenance and cure. Cure is intended to cover medical expenses for an employee who incurs medical bills for hospitals, ambulances, physicians, doctors, nurses, therapists and other medical providers. See the section on "Commercial Mariners" to learn more about maintenance and cure. Maintenance is intended to cover a person's living expenses in a claim. Unfortunately, some of the fee schedules followed in these insurance policies can be very low. Although medical bills should be covered under the Jones Act, an employee may also be entitled to benefits outlined in their collective bargaining union contract. For questions about your rights to reimbursement with doctors bills and hospital bills, you may contact this office. |
| Disclaimer - This website was written with the purpose of providing general information only. The information contained in this website is not intended to be formal legal advice and should not be construed as such. No one should act or refrain from acting based upon information they obtain from this website. The forwarding of a communication or correspondence to this office shall not automatically create an attorney-client relationship, nor shall this office be liable for the confidentiality or sensitivity of unsolicited communications or correspondences. |
| Boat Registration Offices Here are contact numbers and offices for information about boating safety, registration and education. More information is on the way... Albama - Mar. Police Dp (334) 242-3673 Alaska - Alaska DMV - (907) 269-5590 - Anchorage Arizona - Arizona Dept. of Game & Fisheries - (602) 942-3000 - Phoenix Arkansas - OMV - (501) 682-4692 - Little Rock California - California Dept of Motor Vehicles - 800 921-1117 (Automated Line) Colorado - Colorado State Parks (303) 791-1920 Connecticut - DofMV (860) 263-5700 Delaware - Dept of Nat Res (302) 739-3498 Florida - Florida DMV - (850) 488-1195 Georgia - Dept of Natural Resources - Wildlife Resources Division - (770) 414-3337 - Atlanta Idaho - State of Idaho - Parks & Recreation - Boise Kansas - Kansas Dept of Wildlife & Parks - (620) 672-5911 - Topeka Kentucky - Kentucky Fish & Wildlife Resources - (800) 858-1549 - Frankfurt Indiana - Indiana Bureau of Motor Vehicles - (31) 615-7335 - Indianapolis Illinois - Dep of Natural Resources - Springfield Iowa - Dep Natural Res (515) 281-8688 Louisiana - Fisheries & Wildlife (225) 765-2898 Maryland - Nat. Res. (877) 620-8367 Michigan - Michigan Dept of State (517) 322-1460 Minnesota - Natural Resources - (651) 296-6157 - St. Paul Mississippi - Wildlife,Fishery,Parks (601) 432-2065 Montana - Montana Dept of Justice (406) 444-2026 - Helena Nebraska - Game & Fish Commision - (402) 471-0641 - Lincoln Nevada - Deptmnt Motor Vehicles- (702)486-4368 Las Vegas- (775)684-4360 Reno, Carson City New Hampshire - New Hampshire Dep of Safety Marine Patrol - (603) 293-2037 New Jersey - Dept of Mot Veh (609) 292-6500 New Mexico - New Mexico MVD (888) 683-4636 North Carolina - Wildlife Resources Commission (800) 628-3773 North Dakota - Game & Fish Department - (701) 328-6300 - Bismarck Ohio - Ohio Department of Natural Resources - Columbus Oklahoma - Oklahoma Deptmt Motor Vehicles - (402) 471-0641 - Oklahoma City Oregon - State Marine Board - (503) 378-2599 South Carolina - South Carolina D of Natural Resources - (800) 829-9188 South Dakota - Deptmt of Revenue - (605) 773-3541 - Pierre Utah - DMV - (801) 297-7780 - Salt Lake City Vermont - Mot Vhcle (802) 828-2000 Virginia - Game & Inland Fisheries - (877) 898-2628 - Richmond Washington - State Dep of Licensing (360) 902-3770 West Virginia - DOT (800) 642-9066 - Charleston Wisconsin - Department of Natural Resources - (608)266-2621 - Madison Wyoming - Wyoming Game & Fish - (307) 777-4600 - Cheyenne |
| Go to Maritime Law, Recreational Boating, to see Maritime Law and Sailing, by Tim Akpinar, from the October 2005 issue of Windcheck magazine. Learn about basic concepts of admiralty and maritime law you need to know and learn how they can affect your rights if you were injured in a boating accident...and see the issues important for a maritime attorney to identify. You can learn the ways in which a jet ski or daysailor can be legally compared to a commercial fishing boat or a workboat with a barge. |
| Maritime Attorney Tim Akpinar - New York - Long Island - Maritime Lawyer Jones Act Seamen - Boating Accident - Commercial Fishermen - Cruise Ship Injury Lawyer - Marine Legal Assistance |
| Go to the maritime law main page....Defeating Limitation of Liability in Maritime Cases, by Tim Akpinar, from the February 2006 issue of Trial, the magazine of the Association of Trial Lawyers of America. Limitation of liability can impact boating and jet ski accidents as well as Jones Act seaman injuries. Limitation of liability dates back to 18th century English and 19th century American laws from the age of sail. However, recent admiralty decisions indicate that the concept still finds application in the age of global positioning systems and satellite communications... these court decisions affect the rights of Jones Act seamen injured at sea as commercial fishermen, merchant mariners, yacht crews, or in recreational boating accidents...whether the lawsuits involve negligence, rules of the road - collision regs issues, unseaworthiness, or general marine legal concepts. A good deal of these admiralty actions hinge on the privity and knowledge of the shipowner...or notice of a condition. Did the responsible persons (whether a captain, engineer, other deck or QMED) exercise due diligence, conduct safety inspections, comply with STCW and classification society and Coast Guard license requirements and other statutes, codes and regs. Interestingly, although admiralty jurisdiction dictates which nation's maritime law will apply and where a case will be heard, some provisions have international impact, such as STCW (Standards of Training Certification & Watchkeeping), SOLAS (International Convention for the Safety of Life at Sea). Sometimes the same maritime law would be applied whether on inland waters or overseas and abroad in a foreign country, military base or combat area. |
| With recreational boating and diving accidents, it would be nicer if we didn't have them. But in the event of an accident, questions arise about liability, injury, and property damage. Was the boating accident a result of operator error, operator inattention, infraction of the rules of the road, violating safety regulations, alcohol or drugs, hazard to navigation, or equipment failure? Did the parties follow the steps in reporting a boating accident...did they fill out an accident report? A good maritime trial lawyer should examine it from a jurisdictional standpoint... will federal law apply, or will state law apply? A good maritime lawyer should appreciate that federal admiralty jurisdiction avails certain defenses to the offender that are not be available under state law. An experienced and aggressive lawyer familiar with boating accident law and regulations must identify these tactics before they are used. Does it make a difference if someone was injured on "navigable waters"? Is a canoe, kayak, jet-ski, waverunner or other personal watercraft a "vessel" in the same sense as a fishing trawler under maritime law? Does it make a difference if the accident occurred on Lake Champlain, Lake George, the Finger Lakes, or Lake Tahoe? Is the statute of limitations different on navigable waters. Which statutes of limitations apply if the incident occurred between two states? Is there a difference between an occurrence on the East River or Hudson River? Is there such a thing as dive or diving law? How do you measure a remedy...weighing physical personal injury, medical damages, dental repair, psychiatric and psychological damage, emotional distress, pain and suffering. What about waivers, disclaimers, hold harmless agreements and assumption of risk? These are some of the legal issues that can arise at trial in court and where it can be important to know what to do if you're involved in a boating, jet-skiing, canoeing, kayaking, waterskiing, or diving accident lawsuit. |
| In addition to assisting boaters, divers and sailors with problems throughout the nation, this office is within local driving distance of the tri-state area, including Amagansett, Auburndale, Babylon, Bayside, Bayshore, Bellerose, Bellmore, Brentwood, Broad Channel, Captree, College Point, Center Moriches, Commack, Coram, Deer Park, Douglaston, Freeport, Garden City, Glen Cove, Glendale, Glen Oaks, Great Neck, Hemsptead Harbor, Howard Beach, Holtsville, Huntington, Islip, Jamaica Bay, Kew Gardens, Kings Park, Kings Point, Lindenhurst, Lindenhurst, Manorhaven, Manhasset Bay, Mamaroneck, Massapequa and Massapequa Park, Medford, Middle Village, Mineola, New City, New Rochelle, Northport, Oak Beach, Orchard Beach, Orient Point, Oyster Bay, Patchogue, Port Jefferson, Port Washington, Quogue, Riverhead, Smithtown, St. Albans, St. James, Stony Brook, Westbury, Woodbury, Woodhaven, Wyandanch. Public transportation is also convenient, with train, subway and bus connections nearby. The thing about admiralty jurisdiction and law is that it can apply to something as local as your municipal town dock and marina...or it can be a territorial location outside the Continental United States. This office handles disputes and lawsuits arising in territories that include Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands...St. Croix, St. Thomas and St. John. |
| NEW... from the February 2007 issue of Chesapeake Bay Boating - To Salvage or To Tow, by Tim Akpinar. The article discusses how maritime law affects the outcome of a simple towing operation and a traditional marine salvage operation. It covers the legal issues that may arise in a marine salvage claim, covering salvage law, towing law and wreck removal. See article in the Boating Accidents section of the site. |
| For legal assistance and guidance if injured aboard a cruise ship, or for legal help with cruise ship law questions, go to the Cruise Ship Injury page of this site. A trip on a cruise ship can certainly be a dream vacation. While many passengers enjoy a vacation that leaves memories for a lifetime, there are some things that it wouldn't hurt a cruise ship traveler to know. In the event of being injured on a cruise ship, a passenger should know that they can face shorter statute of limitations than those generally applied ashore. For instance, cruise lines may shorten the statute of limitations to one year, rather than a longer period of time allowed under state law to file a lawsuit for injuries. Travelers should also be aware that the fine print on the back of their cruise-ship ticket can dictate the location where they can sue the cruise ship operator in a lawsuit for injuries aboard the cruise ship. Cruise ship accidents and injuries can arise from falls, food poisoning, contamination or other disease, cruise ship collisions, sinkings, objects falling from upper decks and assault. Some recent events have included passenger injury with the sudden heeling of the Crown Princess during an officer's intervention in the operation of automatic steering gear during a turn, or the sinking of the Sea Diamond after hitting a reef while cruising amid volcanic islands in the Aegean Sea. |
| Were you injured aboard one of these vessels? You may be surprised to learn that there are laws that pertain to these ships that can affect the time period within which you may bring an action. It is typically shorter than the three year statute of limitations associated with maritime law torts. Cruise vessels are generally registered outside the United States. They may be under the registry of Panama or the Bahamas. These flags of registry are more attractive to cruise lines because the vessel is not subject to United States flag jurisdiction. Other flags of convenience within the maritime industry include Antigua, Barbuda, Barbados, Cambodia, Liberia, Malta, and the Marshall Islands. These are the vessels. Under Carnival Cruise Lines, there is Carnival Destiny, Carnival Freedom, Carnival Glory, Carnival Legend, Carnival Liberty, Carnival Miracle, Carnival Pride, Carnival Spirit, Carnival Triumph, Carnival Valor, Carnival Victory, Celebration, Ecstacy, Elation, Fantasy, Fascination, Holiday, Imagination, Inspiration, Paradise, and Sensation. Under Celebrity Cruise Lines, there is the Celebrity Journey, Century, Constellation, Galaxy, Horizon, Infinity, Mercury, Millennium, Summit and Zenith. Costa Cruises runs Costa Allegra, Costa Atlantica, Costa Concordia, Costa Fortuna, Costa Mediterranea, and Costa Magica. Crystal Serenity and Crystal Symphony are the vessels of Crystal Cruises. Cunard Line runs the Queen Elizabeth 2, Queen Mary 2, and Queen Victoria. Disney Cruise Lines runs Disney Magic and Disney Wonder. Holland America Line runs Amsterdam, Maasdam, Noordam, Oosterdam, Prinsendam, Rotterdam, Ryndam, Statendam, Veenda, Volendam, Westerdam, Zaandam, and Zuiderdam. Norwegian Cruise Line runs Norwegian Crown, Norwegian Dawn, Norwegian Dream, Norwegian Gem, Norwegian Jewel, Norwegian Majesty, Norwegian Pearl, Norwegian Spirit, Norwegian Star, Norwegian Sun, and Norwegian Wind. P & O Cruises runs Arcadia, Artemis, Aurora, Oceana, and Oriana. Radisson Seven Seas Cruises runs Radisson Diamond, Seven Seas Mariner, Seven Seas Navigator, Seven Seas Voyager. Royal Caribbean International runs Adventure Of The Seas, Brilliance Of The Seas, Empress Of The Seas, Enchantment Of The Seas, Explorer Of The Seas, Freedom Of The Seas, Grandeur Of The Seas, Jewel Of The Seas, Legend Of The Seas, Majesty Of The Seas, Mariner Of The Seas, Monarch Of The Seas, Navigator Of The Seas, Radiance Of The Seas, Rhapsody Of The Seas, Serenade Of The Seas, Sovereign Of The Seas, Splendour Of The Seas, Vision Of The Seas, and Voyager Of The Seas. Seabourne Cruise Lines runs Seabourne Legend and Seabourne Pride. |
| New, from the October 2007 issue of Workboat Magazine...The Law of Maritime Collision, by Tim Akpinar; reprinted with the permission of Workboat Magazine. Use the menu bar to the left to go to the page Commercial Vessels. There is a link to the article there. |