Salvage And Towage Claims
When a ship is in distress, has run aground or has sunk completely, the general maritime law of the United States grants a person who voluntarily saves the property the right to compensation or a reward. This rule is unique to maritime law, as a volunteer rescuer on land is not granted any award under U.S. law. A “salvage claim” is a claim brought to recover damages for services voluntarily rendered to save or preserve any maritime property in peril on the navigable waters of the U.S.
Understanding Salvage Claims In Maritime Law
Most often, the “salvor” (rescuer of the maritime property) will be someone who works for a company that takes on salvage operations professionally. Upon completing a salvage operation, the salvor will often sue the owner of the vessel and the vessel itself (an “in rem” action unique to maritime law) to recover compensation for the rescue.
To recover in a salvage claim, the salvor must prove three elements:
- There has been a maritime peril that has placed the maritime property at risk of loss, deterioration, or destruction.
- The salvage operation must have been completed voluntarily and not required by some existing duty or contract.
- The salvage operation must have been successful, in whole or part.
If these elements are met, the salvor may be entitled to a monetary award based on the value of the property saved and the level of risk involved.
What Distinguishes Towage Claims From Salvage Claims?
A towage claim is distinct from a salvage claim in that the hallmark of a towage operation is the absence of peril. A towing service is rendered for convenience, not for safety. Simple towage is a service offered by one vessel to another to expedite the voyage of the other when all that is needed or requested is acceleration of the vessel’s progress. For example, if a sailboat finds itself out at sea during a particularly windless day, the ship is not experiencing a maritime peril but may request towage services simply to speed up its trip to shore. Notably, compensation for towage services is calculated at a contract rate, while compensation for a salvage claim qualifies for an equitable award.
What Legal Processes Are Involved In Filing Salvage And Towage Claims?
Filing salvage and towage claims requires navigating specialized federal maritime procedures that differ significantly from standard civil litigation. Salvage claims typically begin with the salvor filing a complaint in federal admiralty court, asserting jurisdiction under maritime law. The complaint must identify the rescued vessel, describe the peril faced, detail the salvage services rendered and demonstrate successful rescue efforts.
Federal maritime law allows salvors to arrest the vessel itself through in rem proceedings, giving the court jurisdiction over the property regardless of the owner’s location. This unique remedy permits attachment of the vessel to secure potential awards. The vessel owner must then post a bond to release the ship from arrest while litigation proceeds.
Courts determine salvage awards based on multiple factors, including the degree of danger faced, the value of property saved, the skill and effort required, the salvor’s promptness, and the environmental risks involved. Salvage awards can range from a small percentage to over 50% of the saved property’s value, depending on these considerations.
Towage claims follow a more straightforward contract-based process. When disputes arise over towage fees, claimants file breach of contract actions in the admiralty court. The court examines the towage agreement terms, evaluates whether services were properly rendered and determines reasonable compensation based on industry standards and contractual rates.
Both claim types require extensive maritime documentation, including vessel logs, weather reports, communication records, photographs of conditions and witness testimony from crew members. Proper evidence preservation immediately following salvage or towage operations proves critical to successful claims.
Why Choose Maritime Law Attorneys For Salvage And Towage Claims?
Maritime law’s unique procedural rules, specialized terminology and complex jurisdictional issues demand attorneys with focused experience in admiralty matters. General practice lawyers unfamiliar with maritime statutes, in rem procedures and salvage award calculations often miss critical deadlines or fail to maximize client recoveries.
Our Florida maritime attorneys at Munch and Munch, P.A., have over 50 years of combined experience working in maritime law. We have the unique expertise required to protect the rights and remedies of those involved in maritime claims. Our firm has successfully handled numerous salvage and towage disputes, negotiating favorable settlements and litigating complex admiralty cases in federal court. We understand the technical evidence required to prove salvage elements, the strategic considerations in arresting vessels and the factors courts weigh when calculating equitable awards.
Contact Our Florida Maritime Attorneys For Salvage And Towage Claims
Time-sensitive maritime claims demand immediate legal action to preserve evidence, protect your rights and maximize compensation. If you believe that you may have a towage or salvage claim, or that someone may be asserting a towage or salvage claim against you or your vessel, call 888-976-3759 or email us for a free and confidential consultation.