Limitation of Liability Claims & Actions
The Limitation of Liability Act is a federal statute which can drastically affect the potential recovery of a maritime personal injury lawsuit. Under the general maritime law, the owner of a vessel can be held liable for any damage, injury, or other loss that occurs during the voyage of the vessel. However, under the Limitation of Liability Act, the owner of the vessel may limit his or her liability if the loss was caused by negligence or an unseaworthy condition which unknown to or without the privity of the vessel owner. When properly asserted, the Limitation of Liability Act will limit the liability for the loss to the value of the vessel, including its “freight then pending” after the loss occurred. Why does this Act matter? In over 30 years experience handling these “limitation actions,” our attorneys at Munch and Munch, P.A. have found that very often, victims suffering personal injury or property loss will have claims for damages (including medical bills, pain and suffering, lost wages, etc.) that far exceeds the value of the vessel. The Limitation of Liability Act is a classic example of a rule which is unique to maritime claims. If you have been injured by an accident on the navigable waters of the U.S., you need a maritime attorney on your side who knows these special maritime rules and how to defend them. For example, there are only certain individuals and circumstances in which the Limitation of Liability Act may be properly applied. An experienced Florida maritime attorney, like ours at Munch and Munch, P.A., will know how best to defend against limitation actions and other unique maritime rules and tactics. Our attorneys at Munch and Munch, P.A. are committed to protecting the rights of maritime accident victims. If you or a loved one has suffered an injury due to an on-the-water accident, call 813-254-1557 or email us for a free and confidential consultation to discuss your potential claim.