General maritime law and U.S. statutes may provide a maritime lien if you or a loved one were injured or killed. A maritime lien is a claim directly against the ship itself, independent of any claims you may have against the ship operator or other companies.
If the injured maritime worker can satisfy the elements to obtain a maritime lien, a court will order the ship to stay in port and not sail away. If the claim is ultimately successful, the court can order the ship sold to pay for the maritime worker’s damages.
A maritime lien is a powerful tool to protect someone injured on or near a ship.
Eligibility for a maritime lien
To be eligible for a maritime lien, an injured person must first show that a federal court has the power to hear the case. An injured person must prove that the injury or wrongdoing occurred on navigable waters. The injury can also occur on land but was caused by a vessel on navigable waters. The incident resulting in the injury must have a sufficient connection with maritime activity.
To be connected to maritime activity, an incident must have a potentially disruptive impact on maritime commerce. The general character of the activity giving rise to the incident must show a substantial relationship to traditional maritime activity.
Example of a maritime lien claim
For example, a person who worked for a company that maintains and repairs vessels may have a claim for a maritime lien when injured on or near a vessel on navigable waters. The person was injured when he was walking up the gangway, and the ship’s captain or crew suddenly and without warning put the engines in gear, causing the gangway to detach from the vessel and fall overboard along with the person.
Because the gangway is part of the vessel, the injury occurred on or was caused by a vessel on navigable waters. Injuring a member of the company hired to maintain or repair the vessel might potentially disrupt maritime commerce. The operation and movement of a vessel in navigable waters, the very thing that injured the person by detaching the gangway, is the quintessential maritime activity.
Legal process for maritime liens
After proving the foregoing, the person need only allege that he was injured because of a vessel and the vessel was within the jurisdiction of the district court. If those elements are satisfied, the district court will order the ship to stay in port.
Seek legal advice if injured
If you’re a maritime worker injured on the job or someone who was injured by a vessel, you can’t afford to settle for less. You need skilled legal advice from a Houston maritime accident attorney.
