Join Date: Apr 2010
Thanked 0 Times in 0 Posts
Rep Power: 8
Where's a lawyer when ya need one?
Interesting topic. Thanks Dog for the good link. The idea of salvage is interesting. As discussed here, there is an established idea that someone saving your ass and boat will have rights to compensation based on several things, if there is not an agreement as to compensation before hand. Salvage law is based on very old maritime law. Stuff that is considered:
(simplified, in my opinion, to my knowledge, and as previously stated):
the possible, implied, or conceived peril to your vessel, crew, cargo, and ENVIRONMENT.
Also, awards are based on the efforts, potential peril, equipment, readiness, and success of a salvor.
I know commercial guys (and their insurance companies) are concerned that an agreement is in place prior to accepting "salvage" service.
I think the chance of environmental damage can become a huge part of a claim.
I think the key to avoiding a large salvage claim is knowing you have agreed on fees/charges. The salvage award concept is definitely something for boaters to consider.
I understand awards can be surprisingly large. I also get that the pros that are called on to do this hazardous, skilled, and equipment intensive work won't be around if there is no living in it.
Lloyds open form?
Id love to hear basic thoughts on this from maritime lawyers.
Wow, finding myself appreciating Dog and Lawyers in the same message! wow