Limitation of Liability Act

Have you been injured in a Texas offshore accident?

Maritime law subjects the owner of a vessel to liability for any loss or damage that occurs within the vessel's voyage. However, in certain cases where the negligence or unseaworthy condition of the vessel causing the loss occurred without the knowledge of the owner, the owner is allowed to limit liability. The Act covers losses resulting from personal injuries or death, collisions, and cargo as well as the loss of property, goods or merchandise. The Act plays an important role in determining the availability and amount of compensation available for injured claimants because the liability for the loss is limited to the value of the vessel and its "freight then pending" after the time the loss occurred. As a result, many victims suffering injury or property loss are not covered in their claims for damages because they greatly exceed the value of the vessel and its pending freight. The Act has been largely criticized as obsolete because of more modern methods like liability-limiting statutes, comprehensive insurance protection and corporate structuring. These newer methods encourage investment in maritime commerce without the fear of unlimited liability.

A Texas Offshore Injury Lawyer on Your Side

If you are an injured maritime worker, it is important for you to understand how the Limitation of Liability Act affects your claim. The claimant should be most concerned about the Act's ruling on the knowledge of the shipowner because if the shipowner can prove that the loss occurred without his or her knowledge, the claimant's chance for recovery shrinks. In cases involving multiple claimants, the recovery becomes inadequate because a limitation action involves a consolidation or "concursus" of all claims into one proceeding. The purpose of this consolidation is to gather the assets and prioritize the claims where the value of the vessel and its freight provide inadequate compensation for the claimaints. However, if the shipowner is able to limit the liability, the claimants are left to compete for only the pro rata shares. It is crucial for the claimant's lawyer to gather evidence immediately after the incident occurs in order to determine that the shipowner had knowledge of the negligence or unseaworthiness that caused the loss.

If you or a loved one has suffered damages to property, personal injuries or death aboard a vessel, it is in your best interests to contact a Texas maritime attorney. A professional at our firm can help you identify the evidence you need to battle the shipowner's claim of lack of knowledge.

Contact a Texas offshore injury lawyer today for legal advice and help with your maritime case.