MBW attorneys have literally “covered the waterfront” on maritime litigation in both state and federal courts. This experience includes personal injury and death claims brought by seamen under the Jones Act;[1] marine workers under 905(b) and 933 of the Longshore Act;[2] ship’s pilots, passengers and business invitees under the general maritime law,[3] including DOHSA;[4] workers on offshore oil & gas platforms under OCSLA;[5] recreational boat and inshore oil & gas platform workers under the Louisiana Civil Code;[6] and, claims against classification societies allegedly caused by vessels, appurtenances, equipment and structures classed under those societies’ rules.
MBW attorneys are also experienced in litigation associated with marine property damage or economic loss including claims resulting from collisions,[7] allisions,[8] groundings, oyster lease damage, pollution, spills, sinkings, fires, barge breakaways, cargo damage, hull damage, engine damage, yacht damage, dock damage, products liability, pipeline damage, wake and wave-wash damage, salvage claims, and, claims based upon declarations of general average.[9] These types of claims often trigger legal issues unique to maritime law such as certain presumptions of fault,[10] a specific burden of proof for proximate cause,[11] defenses to damage claims,[12] limitations on the recovery of damages,[13] time-bars to claims,[14] and, the recovery of pre-judgment interest.[15]
Finally, MBW attorneys are familiar with the procedures and rules unique to maritime law. These include the Federal Supplemental Admiralty Rules,[16] several of which govern vessel arrests and/or seizures, both in rem and quasi in rem, as well as possessory actions; the Limitation of liability Act;[17] and, the ranking of maritime liens.[18]
A related practice issue arises from the marine insurance that provides the necessary coverage for marine liability and property damage. Most marine policies subject shipowners to the doctrine of uberrimae fides (a requirement of utmost good faith when seeking coverage) and certain implied warranties of seaworthiness owed by a shipowner that attach to coverage.
MBW attorneys consult, advise and litigate on coverage issues associated with P & I,[19] MGL,[20] MEL,[21]bumbershoot,[22] hull,[23] excess,[24] pollution,[25] and cargo insurance. This area of practice includes coverage opinions, coverage litigation, and consultation on insurance coverage forms, particularly manuscript forms as well as deletions or exclusions to Tug, Hull, excess and other traditional marine forms.
MBW attorneys also advise on and draft a variety of marine agreements including time, bareboat and “Evergreen” charter agreements, contracts of affreightment, as well as marine and offshore indemnity agreements.
MBW attorneys are members of various marine organizations including the Maritime Law Society of the United States, the Association of Average Adjusters of the United States & Canada, the Southeastern Admiralty Law Institute, and, the Mariner’s Club of the Port of New Orleans.
If you are faced with a maritime claim, you need an attorney with experience defending admiralty cases. The maritime injury attorneys at Milling Benson Woodward L.L.P. have experience helping maritime businesses throughout LA protect themselves and limit their exposure in injury claims. Call us at or contact us online to arrange a consultation with an admiralty lawyer at our New Orleans office.
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