SailNet Community - View Single Post - Bounty Lawsuit Filed
View Single Post
post #16 of Old 05-10-2013
tweitz
Senior Member
 
Join Date: Apr 2007
Location: Three Mile Harbor, East Hampton, NY
Posts: 493
Thanks: 1
Thanked 3 Times in 3 Posts
Rep Power: 9
 
Bounty Lawsuit Filed

The law in admiralty, which would apply, is something called "limitation of liability," which says that the recovery is limited to the value of the vessel after the accident -- in this case, zero. (This is, by the way, the origin of the concept that later gave rise to corporations). This can be overcome if the plaintiff can show the vessel was not seaworthy. That can be based on the condition of the vessel or the qualifications and competence of the captain and crew, both of which are dubious here. However, the owner is probably a corporation or LLC, and getting past that entity will not be so easy. Finding liability here should not be hard, collecting money, not so easy.
tweitz is offline  
Quote Share with Facebook
 
 
For the best viewing experience please update your browser to Google Chrome