Law & Legal & Attorney Accidents & personal injury Law

Details on the History of Maritime Legislation

Ever since the first ships sailed on the seas transporting products, it was discovered that laws and regulations were necessary to cover the method of shipping. Three laws were formulated between 1000 and 1300 AD with a lot of changes made as increasing numbers of countries became involved in the transfer of cargo and guests. Maritime legislation, also known as admiralty law is normally separate from civil legislations, or the "law of the land" and disagreements were heard in different courts.

The difference between maritime law and civil legislations became a point of dispute while in colonial days when England gifted the legal right to oversee trials in the colonies to the Admiralty Court. The Stamp Act was not favored by the colonialists and since it was improbable they would ever convict someone for breaking that act, the jurisdiction was granted to the Admiralty Court.

This argument became the cause for having all trials getting held with a "jury of peers" that was authored into the Constitution. Thomas Jefferson and James Madison were both maritime attorneys, and a third part of that group John Adams, was hired to represent John Hancock during the time he was charged in Boston of violating customs laws.

On the list of facets of maritime laws is that all conflicts in the United States will certainly be heard in federal court, rather than state courts, no matter the point of source of the dispute. Maritime law also covers travelers harmed on boats in the same manner as suits submitted for injuries that occur on land. The burden of proof that the ship's operator was neglectful rests on the injured passenger and they must prove the owner, or their agent failed to exercise their duty of realistic care resulting in the injury to the passenger.

The time limit of ship-board traumas is three years, however in most instances that will be reduced to one year depending on the restrictions printed on the traveler's ticket. In most cases there will be a formal notice published on the ticket requiring all injuries and claims of injuries to be filed within six months of the injury, further reducing the time limit. Most cruise lines also say on the ticket that all actions be filed in Miami, Florida or Seattle, Washington, the location where the action will be taken to federal court.

Salvage rights will also be restricted, unlike what several think to be finders'-keepers and salvaged organizations must follow those laws. In most instances the salvage company can receive upwards of 50-percent of the price of the cargo that's been salvaged. There are other terms regarding the quantity the salvager can declare, based partially on the trouble and danger during the salvage operation, though the reward can often be spelled out in a salvage contract with the ship's operator.

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