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Articles 1 - 12 of 12
Full-Text Articles in Admiralty
What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky
What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky
Cleveland State Law Review
In the context of United States admiralty law, the definition of the word "vessel" has different meanings depending upon which statute has jurisdiction, the nature of the circumstances, and the characteristics of the person involved. There is no settled definition of the word. The Jones Act is a statute designed to cover seamen injured by the negligent acts of their employer, and is indicative of other admiralty statutes which, by their lack of a specific definition of the word "vessel," have created controversy in the judicial system. This comment proposes a three prong test that suggests several criteria to be …
Torts On Boats And Yachts, Jeffrey A. Rich
Torts On Boats And Yachts, Jeffrey A. Rich
Cleveland State Law Review
Summer is here, and boaters eagerly sail or drive their gems-of-the ocean in summer fun. To the lawyer, the boating season means personal injury cases of a special, and possibly, unfamiliar nature. Torts on yachts usually fall within United States admiralty law jurisdiction. We shall sketch the applicable law-for those who read as they run (over the waves).
Punitive Damages Against Shipowners, Arthur E. Miller
Punitive Damages Against Shipowners, Arthur E. Miller
Cleveland State Law Review
Much of our national maritime policy is deep-rooted in the body of American admiralty law. Traditionally, Congress and the courts of admiralty have viewed the merchant seaman as within their protective custody because of the inherent danger of his calling and the unique status of his contract of employment. To encourage shipbuilding and develop the American Merchant Marine, similar protection has been extended to the shipowner by enabling him to limit his financial risks in the event of disaster. Conversely, the concept of punitive damages finds no statutory support in our maritime law and has been so seldom awarded as …
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Unseaworthiness And Personal Injuries Ashore, Frank R. Grundman
Cleveland State Law Review
This note examines the fundamental and dynamic concept of unseaworthiness, and investigates particularly the geographical limits ashore where such injuries may occur and yet be actionable. Crew misconduct will not be considered as a factor in unseaworthiness, as that subject has been treated elsewhere.
Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks
Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks
Cleveland State Law Review
The decision in Southern Pacific Co. v. Jensen that state law does not apply to injuries occurring on navigable waters, began a series of jurisdictional questions which continue today. This decision initially deprived some 300,000 longshoremen and harbor workers in dangerous occupations of a compensation remedy, but it paved the way for a federal statute providing them with compensation coverage. Longshoremen and harbor workers are today protected under state or federal law, depending on whether their injuries occur on land or "upon navigable waters." They may be eligible for coverage under both federal and state law.
Book Review, Orie J. Vande Visse
Book Review, Orie J. Vande Visse
Cleveland State Law Review
Reviewing Martin J. Norris, Your Boat and the Law, Lawyers Co-operative Publishing Company, 1965
Crew Conduct As Unseaworthiness, James E. Saari
Crew Conduct As Unseaworthiness, James E. Saari
Cleveland State Law Review
It seems repugnant to all law that a shipowner should be held liable under the doctrine of unseaworthiness for occurrences which he has no reasonable way of preventing. The shipowner may be best protected by incorporating his knowledge of a crew member's dangerous propensities as an element of proof in assault cases based on unseaworthiness. Should general maritime law continue to offer legal barriers to shipowners, a seaman's workmen's compensation statute or a general re-draft of the Jones Act could enable the shipowner to set up stronger defense in an unseaworthiness action.
Swell Damage And The Right Of Navigation, Frank R. Grundman
Swell Damage And The Right Of Navigation, Frank R. Grundman
Cleveland State Law Review
In general, an owner of a vessel or other property damaged by the tortious acts of another committed in the course of boating or shipping is entitled to recover for such injuries. But what of the time-honored doctrine of the paramount right of navigation? It has been said that a moving ship is not an insurer and is not liable for all damages that occur as a result of its swell. Thus, the issue presents itself. Every vessel sailing on navigable waters creates a propagating swell by reason of its displacement in the water. By what yardstick is liability measured …
Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund
Longshoremen's Actions For Unseaworthiness And Negligence, Peter G. Sandlund
Cleveland State Law Review
Seaworthiness within the field of the general maritime law, and negligence as applied under the Jones Act and the Longshoremen's and Harbor Worker's Act afford ample remedies to the parties covered by the respective acts and by the strict liability imposed upon the owner of an unseaworthy vessel. But by allowing recovery under theories that mix the two remedies the courts are creating an additional remedy not granted by Congress when it adopted the Jones Act and the Longshore Act.
Maritime Lien Priority, Wentworth J. Marshall Jr.
Maritime Lien Priority, Wentworth J. Marshall Jr.
Cleveland State Law Review
The question of priorities among maritime liens arises whenever the proceeds of sale of a ship are insufficient to satisfy all claims. The court must then proceed to the ranking of the claims to determine those which should be satisfied. Unfortunately, the law of maritime lien property is much like the sea itself in that it seldom appears the same twice. No doubt the confusion and uncertainty surrounding the topic are occasioned in part by the fact that the Supreme Court of the United States has had less to say about lien priorities than any other subject within the entire …
Duration Of Seamen's Maintenance And Cure Rights, Howard S. Stern
Duration Of Seamen's Maintenance And Cure Rights, Howard S. Stern
Cleveland State Law Review
It is well settled that an injured or disabled seaman is entitled to "maintenance and cure" at the expense of the owners of his vessel at least until the end of the voyage,' provided that the need therefor exists that long. The minimum limits of this liability are fixed and certain, and have been so for over fifty years. The more important problem concerns the maximum limit of liability. Stating the problem in the form of a query: At what point does liability for maintenance and cure cease? On this point there is wide divergence of opinion. One of the …
What Is A Vessel In Admiralty Law, Donald W. Peters
What Is A Vessel In Admiralty Law, Donald W. Peters
Cleveland State Law Review
Any structure made to float upon the water for the purpose of commerce or war, whether impelled by wind, steam or oars -this is the explanation of a vessel given in the American-English Encyclopedia of Law. A vessel has been further defined in the Revised Statutes of the United States as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water. A controversial question however, that often creates confusion, is this: When, during the course of construction, is a craft considered to be a full-fledged vessel. Theories and …