Author: Dan Hoerner
Watch Out When Ending Maintenance and Cure
A fundamental right of seamen is maintenance and cure benefits. A shipowner owes the seaman these benefits without regard to fault if he is... More
Liability for Medical Malpractice
The Court of Appeals for the 11th Circuit (Alabama, Florida and Georgia) has opened the door to a potential flood of liability exposure for... More
False Distress Call Results in Serious Criminal Penalties
In March 2012, an aircraft pilot falsely reported observing a fishing boat with four passengers in distress in Lake Erie. In response to the... More
Dock Owners Liability
Boarding and disembarking from vessels. Without a second thought, mariners do it day in and day out – – most of the time without... More
Vessel Owner Exonerated by Divine Intervention
A common defense in maritime personal injury and property damage litigation is the “Act of God,” also known as force majeure. It is premised... More
Non-Signatory to Contract Bound By Arbitration Clause
With increasing frequency, mandatory arbitration clauses are being written into maritime contracts. You may have run across them in charter parties, towage and salvage... More
Keeping Good Witness Statements From Going Bad
When a marine casualty occurs, attorneys and adjusters are often dispatched to investigate the cause of the accident and assess the extent of damage... More
The Sometimes Harsh Realities of Joint and Several Liability
The doctrine of joint and several liability is not unique to the maritime law. In fact, it dates back to at least the 18th... More
The CG-2692: Be Careful What You Say and How You Say It
With few exceptions, commercial vessel operators must provide immediate notification to the Coast Guard when involved in a serious marine casualty. The criteria for... More
Denial of Maintenance and Cure Results in Large Punitive Damage Award
In 2009, the U.S. Supreme Court sent shock waves through the maritime industry and legal community when it ruled that a Jones Act employer... More