Limitation of Liability Act

Asserting Rights to Compensation against Ship Owners

Vessel owners have a way to limit their liability in personal injury and Jones Act cases. The Limitation of Liability Act is a 19^th century statute intended to increase competitiveness of U.S. flagged ships and encourage investment in the shipping industry. It allows a ship owner to file a lawsuit against all people injured by it's vessel. The purpose of the lawsuit, called a petition is to limit vessel owner's liability to the value of the ship at the end of the voyage. If a ship has sunk or has little value, this means the vessel owner's liability can be limited to little or nothing. Under this scenario, a person injured or killed can be limited to minimal or no damages for loss of life, damage to cargo, or personal injury.

Limitation of liability actions are challenging

These cases are difficult and procedurally challenging, with limited opportunities to file. Jones Act cases brought in state court can be moved to federal court if the owner files a limitation of liability action in response to the Jones Act claim. The place of filing is usually determined by the location of the ship, although if it has sunk, the owner may file the action anywhere. These and other particulars of a limitation action require the knowledge of an experienced maritime lawyer.

A limitation action is designed to prevent claims against ship owners

At the maritime law firm of Latti & Anderson, our lawyers are among the few who have fought a limitation of liability action at trial. If the ship owner upon which you were injured has petitioned the court to limit it's liability, you must contact an experienced maritime attorney quickly.  Under the Limitation of Liability Act a person or family claiming damages against a vessel owner must file a response to the owners lawsuit within weeks of it's filing. Latti & Anderson has been helping injured seamen and sailors for more than 45 years. Call us at 1-800-392-6072 to learn how we can help you.

Fighting limitation claims on behalf of injured seamen and sailors

We fight limitation actions by demonstrating that the owner had prior knowledge of unseaworthiness or dangerous conditions on board ship. We have successfully demonstrated that an owner had knowledge of conditions that lead to a sinking or a casualty caused by an accident on board. In such cases, we have secured compensation for our injured clients even though the vessel was at the bottom of the ocean.

If you were injured and received notice that the owner of the ship has filed a petition under the Limitation of Liability Act, contact an attorney who knows how to fight against it. Call Latti & Anderson we serve clients in New England and across the country.

Free initial consultation - Most cases handled on a contingency basis