Three Things You Don't Know About Maritime Salvage Law | Admiralty...

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Th re e Th i n g s Y ou D on 't K n ow Ab ou t M ari ti meS al vag e L aw

Posted on Feb 25, 2013 6:30am PST

The law of maritime salvage has ancient roots. It's an elegant propo designed to encourage the disinterested to spring into action to save v and cargo from loss to the sea. Still, maritime salvage has plenty of rumo innuendo making it worthwhile for us to observe the following which mig

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be readily appreciated: Firstly, a salvor is not entitled to your vessel as a salvage award. A s award is generally calculated based on various considerations set forth in the Interna Salvage Convention (IMO 1989) and the general maritime law of the United States. A s award is generally calculated as a percentage of the value of the vessel and its cargo saved peril. Secondly, you can generally refuse to accept salvage services. In other words, a salvor c force its services upon you. In very rare situations, there is some court commentary speak an owner being compelled to accept salvage services where the public may be harmed owner's refusal. Thirdly, in order to qualify for a salvage award, a salvor must typically establish that

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vessel was in peril, (ii) that the salvor had no preexisting obligation to assist the vessel an the salvor was successful. And remember, you don't need to be a professional salvor, e passerby (i.e. an amateur salvor) could seek a salvage award provided he/she can est these three prerequisites. Whether it's a boat aground in Florida, or a vessel taking on water in Rhode Island dismasted sailboat in New York, the law of salvage will almost always be govern applicable federal law and not state law. Underway and making way. By John Fulweiler Fulweiler llc john@fulweilerlaw.com Categories: Towing & Salvage, General Maritime Law Permalink

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