Maritime Law Questions

1- What is the difference between maritime law and admiralty law?

The difference between admiration and maritime law has eroded since the American Revolution. Today, these terms are used interchangeably, but have emerged with different meanings. Admiralty initially meant private admiral courts in the United Kingdom and American colonies that had jurisdiction over offshore contracts and persecution. Maritime law refers to the common law developed in these courts. Since then time has lost these terms and its meaning has now become synonymous.

2- What is the difference between OUI, DUI, DWI and BUI?

An OUI runs under this domain. A DUI is under this influence. She uses DWI when she’s drunk. Basically the same thing. Different states label violations of these regulations differently and in some states receive different penalties. In Florida, such a violation is labeled DUI. If there is a violation in the water, Florida will label it BUI.

Florida’s BUI statute imposes a fine of less than $ 500 or more than $ 1000 for the first conviction, and imposes a prison sentence of more than 6 months for the first conviction and a person with a blood alcohol level of 0.08 or more. . A second conviction brought a fine of not less than $ 1000 or more than $ 2,000 and a prison sentence of not more than 9 months. With subsequent convictions, penalties only become higher. In addition, if the BUI causes an accident, injury or death, penalties are significantly increased. Unlike the usual DUIs, a BUI also requires a short water retention.

3- I was in a boating accident. Should I call the Coast Guard?

Varies. If the accident is in international waters (3 miles offshore), the Coast Guard will be the best source to ask for help. If the accident occurs in Florida’s territorial waters, you should call the Florida Fish and Wildlife Protection Commission’s Law Enforcement Department, the county sheriff or the police department of the municipality where the accident occurred. it was an accident.

4- What type of information should I collect if I am involved in a boating accident?

You must stop your ship immediately at the scene of the accident and assist the injured persons as long as the accident does not harm your crew or crew or your passenger. parties, Boats | Frequently Asked Questions for Maritime Law Addresses and decisive number of ships. Your local police have generated boat crash reports that need to be filled in. It is a crime not to report the accident and not to help.

5- If I was following the boater’s right-of-way rules and got into an accident, am I liable?

Maritimee law is different from land laws. The error in marine collisions is determined by (1) negligence of the navigator side or lack of appropriate maintenance or skill, (2) violations of the rules of the water or local authority, and (3) non-compliance with local laws. navigation Whether or not both parties are equally wrong. There is also a law in the law. This occurs when one ship is placed in an extremely dangerous position and the other ship has to be held guilty.

6- I was a passenger in a boating accident and was injured.  Who is responsible for my injuries?

Defective party is responsible. This may include a boat that collides with yours, or it may be a boat on which you are a passenger. As a result, the responsibility lies with the ship captain who is at fault. If any other party that is in charge, the captain neglects that he is insufficient, he becomes the owner of the ship.

7- My boat was hit by another boat and sustained damage. Will the other boater’s insurance cover these damages?

Yes, if they have valid insurance at the time of the accident. If not, there is another remedy in the area of ​​maritime law called maritime lien. Foreclosures can be made to the boat that caused the accident. You can then arrest the boat and have it sold to pay for your request. Property losses in water are calculated differently from land. For total non-damaging property damage, (1) the repair cost or value is reduced if the repair is not performed, (2) the custody or non-recovery of the accident during the period of non-service; and (3) possible costs such as piloting, rescue and transportation costs. When the ship is reported to be a total loss, damages may include (1) the market value of the ship (plus any freight) and (2) recovery, debris removal, contamination and other possible costs (damage). earnings and retained assets cannot be recovered).

8- I have been injured in a boating accident, how long do I have to file a lawsuit?

ın Florida, Restrictions Status (SOL) for personal injury is 4 years. However, if your injury is within the admiral / maritime jurisdiction, you must bring your case within 3 years. However, if you get injured during a cruise, remember that LEFT is less.

The laws on land are different from those in water. It is important that you hire a lawyer who knows these distinctions to get the best value for your case.

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