https://twitter.com/NOLAMaritime/status ... 6546838985
Matt Margolis
@ItsMattsLaw
fucking boat law
Peter Orlowicz
@PeterOrlowicz
·
Replying to @ItsMattsLaw
Nope, this is probably a straightforward limitation of liability suit under 46 U.S.C. §30523, so it'll be limited to the value of the vessel.
New word, "allision"Harry Morse
@NOLAMaritime
Hello I am a boat lawyer. Odds of winning limitation here are slender.
Harry MorseMatt Margolis
@ItsMattsLaw
would love more context - I am a land attorney so out of my element
Peter Orlowicz
@PeterOrlowicz
Same, I know enough here to be dangerous, but fully prepared to be wrong on the details (if not the general applicability of maritime law and having to worry about stuff like limitation of liability in the first place.)
@NOLAMaritime
Sure. This is entirely my thing so apologies for going overboard. To win limitation of liability, you have to prove that the allision (boat hits stationary thing) occurred without the owner's privity and knowledge - i.e. the owner/operator neither knew nor should have known
Harry MorsePeter Orlowicz
@PeterOrlowicz
(*overboard*, I see what you did there.)
@NOLAMaritime
about the cause of the allision. The classic case is an error in navigation by an otherwise competent captain. Here, where the vessel lost power, the great majority of the time, there will be some sort of improper maintenance / upkeep.
And just generally speaking, winning limitation is very difficult. Judges decide limitation, and they ordinarily don't like it. I was in a mediation recently in a gut liability case with a strong limitation defense. I'm selling the mediator on the limitation defense and he tells me "yeah nobody wins limitation." Which is wrong! But it's directionally right.
So why file for limitation? First, you make the argument you have. Second, with multiple claimants, it ordinarily secures a federal forum for sorting through the issues.
Fermented Gab—Louisiana Politics
@FermentedGab
Directionally right, and as a mediator, it was his job to beat down your defenses. And in five minutes, in the other room, he'll be telling the plaintiffs that the limitation defense looks pretty good so they're risking a lot… And I don't mind, that's the way the game is played.