The rescue law is very old and dates back to the Middle Ages, when people mainly went to sea to trade. A ship in difficulty often carried cargo of equal or greater value than the ship itself, and men attracted by their distress were just as likely to plunder it as to save it. Thus, the fundamental principle of the rescue law has always been that honest men risking their own lives and ships trying to save other ships should be very well rewarded. The requirement that a rescue service be « voluntary » should not be overblown. Voluntary nature simply presupposes that there is no pre-existing contractual obligation between the rescue ship and the ship in distress. If a tower has a contract to do the work, it cannot make a rescue claim. Another exception is Berger, who is legally obligated to provide assistance, as are members of the Coast Guard, police and fire department. Generally, they cannot make a rescue claim because their service is not considered « voluntary ». In addition to salvage, the towing company can still claim a « marine engineer privilege » on a boat if the value of the work performed exceeds what was paid under the contract – but the amount claimed under the mechanic`s privilege must be approved by a judge. Finally, the contract must set a destination that determines the payment. The industry calls it « no cure, no wage. » In this article, we`ll look at 10 of the MUST-have facts associated with rescue at sea.

Rescue, as defined by Merriam Webster, is the act of saving or saving property in danger. From the legal point of view of the maritime industry, rescue plays a very important role. My ex-husband has a houseboat that swam 6 months ago and washed up on an island. He owes me a lot of money, so I`m a little scared that he`ll be in financial/legal trouble because he didn`t do anything to get the houseboat back. I`m afraid he`ll swim to the sea again. And all the possible problems that could ensue. 2. Operators may require that you recover only parts of the vessel and not the vessel as a whole. Recovery can have a broad meaning depending on the context.

This ambiguity can lead to litigation or legal problems after rescue work. The mere return of part of the property to the owner of a ship is not considered a rescue operation. Lifeguards must ensure that they follow certain rules in order to be entitled to rewards. Shipowners must also be aware of the rescue conditions so that they do not have to pay unnecessary premiums. For an operation to fall within the category of rescue operations, special conditions must be met. It should include a ship or ship, cargo on board or cargo payable by a ship. All of these features must be exposed to hazards, such as falling overboard and getting lost under the ocean. Anyone with a direct financial interest in the saved property, such as the owner, may be held liable for the recovery premium. In addition, anyone responsible for the property, such as a bailiff, can also be held liable for the recovery surcharge. The persons responsible for the rescue grant are not necessarily the persons who requested the rescue services. 2. Demonstrated speed, dexterity and energy in the provision of rescue services; Matters covered by admiralty law include maritime trade, maritime navigation, rescue, marine pollution, seafarers` rights and the carriage of passengers and goods by sea.

Admiralty law also includes land commercial activities of a maritime nature, such as transportation insurance. Some lawyers prefer to reserve the term « admiralty law » for « wet law » (e.g., rescue, collision, stopping ships, towing, liens and limitation period) and use « maritime law » only for « dry law » (e.g., carriage of goods and passengers, transportation insurance and MLC). [c] [ref. needed] 1. The extent of the rescue success. 2. The extent of the potential hazard to which sage is exposed. 3. Valuation of recovered property. 4. All articles listed in the relevant sections of the 1989 Assistance Convention. 5.

Compliance with the proposed deadline for completion of the rescue. 5. Recently, another factor determining the amount of the reward is whether reasonable efforts have been made to avoid environmental damage. If the vessel owner has time to hire a shipowner on an hourly basis rather than allow a rescuer to rescue his vessel, he may prefer to enter into a contractual arrangement rather than accept rescue services and the inevitable right to a rescue bonus. SALCON 89 provides that a vessel owner has the right to refuse rescue services. In cases where the vessel owner may have time to engage the vessel owner of his choice on a contractual basis instead of accepting the services offered by a Salvor, and where a small delay does not unduly increase the risk to his property, it is much more advantageous for the vessel owner to hire a shipowner who is willing to provide the services for a conventional invoice. If time permits, the boat owner should consult with their insurance company before authorizing the rescue. The insurer may be able to recommend transportation companies in their area or make other helpful suggestions. However, if the boat is in imminent danger and there is no time for a more thoughtful approach, accepting the services of a marine lifeguard is often the only rational choice. In such circumstances, salvo services should not be refused (but the boat owner should be prepared to receive a substantial invoice for a lifesaving bonus).

The U.S. Supreme Court, in The Blackwall, 77 U.S. at 14, listed six (6) « principal ingredients » that admiralty courts use to determine a salvage arbitral award: The requirement that service be successful cannot be summarized from the common expression no cure; No payment. However, success does not need to be complete. Partial success, provided that the owners are offered a certain degree of conservation, is sufficient. The Tojo Maru (1972 AC 242 HL) examined certain characteristics of rescue contracts and concluded that the main consideration is that the person providing the rescue service is not entitled to remuneration unless he or she saves all or part of the property. This includes containers and other cargo storage units, equipment on board a ship or offshore facility, personal effects, etc. Remember that payment will only be made for the successful restoration of the property mentioned in the rescue contract. There is a sailboat that sank in Clearwater, Florida. The boat had been at anchor for 3 months and no one was using it, no one seems to check the boat. The boat sank in shallow water and completely underwater.

Am I allowed to carry out a rescue operation and does the boat belong to me? The danger must be real, but not necessarily immediate or absolute. [6] The object of recovery must be in real danger, which means that the property is exposed to damage or destruction. [7] Basic tip: If you choose a towing service to join as a member (which is worth it in most cases if you do a lot of coastal boating), carefully study the service contract. Find the language that describes the services covered and what counts as rescue (or « ship rescue ») and make sure you understand it. The more precise the language, the better. You can assume that the service provider will try to use all the vague « weird words » (as I called them in law school). You also want an arbitration clause. You certainly don`t want to have to go to Federal Court to resolve a dispute over payment (or anything else). The rules applicable to such a service provided, which is to be considered an act of rescue, are as follows: In the event that the salvage claim relates to a shipwreck, the court has « qualified jurisdiction » if the wreck site is located exclusively in the waters of the contiguous zone of the United States. In addition, U.S. Admiralty courts have asserted jurisdiction over wrecks in international waters when parts of the wreckage have been brought under the court`s jurisdiction. This is based on the « first rescuer rule », which protects the first rescuer from losing the « find » once he has started retrieving the wreckage from other parties who can intervene and try to take over the rescue work.

Most countries recognize the right of the first rescuer and will maintain a lien issued by another jurisdiction in accordance with this rule. During the fishing, there was talk of a boat in the immediate vicinity, which has been floating for 1 month. It is said that the owner is deceased and the boat will be abandoned. Would that be considered a right of rescue? What scenarios do I have to face? Expenses (especially if I decide not to keep it?) In recognition of the cost of professional rescue service providers in the maintenance of vessels and rescue equipment who are ready to perform rescue operations at any time, one court stated: Stephen F. White is a marine attorney and chair of the litigation section of the law firm Wright, Constable & Skeen, LLP in Baltimore, Maryland. He attended the University of North Carolina-Chapel Hill and the University of Maryland School of Law. As an ensign in the United States, he served aboard destroyers as a deck officer, surface warfare officer, and combat information center watch officer.