Shipowner’s Limitation Of Liability Act Claims In New York
When an accident happens on the water, shipowners often move quickly to protect their own interests. One of the most powerful tools they use is the Shipowner’s Limitation of Liability Act, a federal statute that allows them to attempt to cap financial responsibility at the value of the vessel after the incident.
At Tabak Mellusi & Shisha LLP, our maritime attorneys know how shipowners use this statute to their advantage. Many attempt to not only limit liability but also shift the case into a federal forum that they believe may be more favorable. Our team has a strong track record defeating these maneuvers while helping injured seamen and passengers keep their claims in the venues that offer the most protection.
What Does The Limitation Of Liability Act Allow Shipowners To Do?
The act gives shipowners two significant strategies. First, they may ask the court to restrict all claims to the post-incident value of the vessel, even when the harm far exceeds that amount. Second, they may use the statute to force the case into federal court, which can eliminate access to a local jury. These tactics can severely reduce an injured worker’s ability to pursue full compensation.
Our attorneys focus on countering these filings from the moment they appear. We understand the procedural steps owners must follow and the defenses available to keep the claim moving in a more favorable jurisdiction.
When Can Shipowners Be Prevented From Limiting Liability?
Shipowners lose the protection of the statute when they had knowledge of a dangerous condition before the incident. Common examples include defective machinery, known maintenance failures and unsafe operational practices. Showing that the owner knew or should have known about the problem is often the key to defeating the limitation attempt.
Our legal team builds these defenses using records, testimony and vessel history to show the court that the owner had prior notice. Once knowledge is established, the owner cannot avoid full responsibility.
How Can Our New York Maritime Lawyers Help?
We have extensive experience challenging limitation actions, preserving state court rights and positioning cases in courts that provide fairer outcomes. Our goal is to protect injured crew members and passengers from legal strategies designed to limit recovery.
Contact Us About Your Maritime Claim Today
To discuss your maritime injury case, call 800-781-8419 or reach us through our online contact form. Our New York team is ready to help you move forward.