View Single Post
Old 09-20-2007, 10:43 AM   #213
Kamper
Senior Member
 
Kamper's Avatar
 
Join Date: Jul 2005
Location: Thornton's Ferry
Posts: 1,306
Thanks: 67
Thanked 171 Times in 127 Posts
Default Salvage rights

My amateur understanding is...

Federal Maritime law applies on any navigable body of water so salvage could be claimed here. A salvage claim is limited by the value of the vessel and property recoverred. Claims are usually made against the vessel similiar to an "artificial person" like a corporation. I believe there are exceptions to this for things like environmental claims.

Since this effort is likley to cost more than the value of the boat, they are probably going to pursue this under state laws so they can file a claim directly against the owner and insurance. State liability law mostly considers a boat just another vehicle.

I dont know if it's possible to file split cases in both jurisdictions but I expect that's frowned on and would probably be confusing in both cases. The owner and/or the insurance carrier could roll up all their expenses and losses if/when they pursue to manufacturer and that could also be in either court.

And that's most of what I think I know about that.
Kamper is offline   Reply With Quote