Maritime Law Limitation of Liability
Mississippi Maritime Injury Lawyers
Limitation of Liability Act of 1851 (LLA) was originally passed to level the playing field and help U.S. ship owners compete with compete with foreign ship owners. Foreign vessel already enjoyed limited liability under European law, and we did not have the insurance system that we do today. U.S. vessel owner were at a distinct financial disadvantage before this law was created.
Limiting Liability to Post-Accident Value
Under LLA, vessel owners can limit their liability for personal injuries, wrongful death, and other claims to the value of the vessel after the accident. That means the value of the damaged or lost vessel. If the vessel is a total loss, the owner could theoretically reduce their liability to nothing at all.
However, vessel owners can only use this if they had no knowledge of the unseaworthiness or other negligence or wrongdoing that caused the accident.
Limitation of Liability and Your Case
In order to prevent limitation of liability in your case your maritime attorney must prove that the vessel owner was at fault for the accident that caused your injuries or the death of your loved one.
However, if the vessel order files for protection under LLA it can still complicate your case. To properly fight this claim on the part of the vessel owner your attorney must have a very thorough understanding of maritime law, how it has progressed, and how it is applied in today’s world; a very different work to the one in which these laws were first enacted.
LLA claims can slow down the progress of your case, especially when there are multiple victims involved.
LLA is just one example of the complexity and intricacies of Maritime Law. The experienced maritime attorneys of Reeves & Mestayer, PLLC have an in-depth knowledge of maritime law and are ready to help you and your family win.
If you or a loved one is in need of legal assistance, call Reeves & Mestayer, PLLC at 228-374-5151 or toll free 1-877-377-5152 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
