Free Newsletter Signup
 Ask The Maritime Attorney

My Boat Sank and I Collected Insurance. Can I Still Sue the Boatyard?

Our reader’s attorney was probably right on this one (hard to believe, I know). Most shipyard work orders and repair estimates include two very powerful clauses that are designed to protect...

Can I Go to Jail for Using Detergent on a Fuel Spill?

Boaters throughout the world are subject to a long list of regulations concerning the discharge of oil and other waste into state, local and international waters — and some of these...

My Boat Was Seized by U.S. Marshals: How Do I Fight This?

We have discussed the formation and enforcement of maritime liens often in this column, but this is a complicated subject and our readers are continually presenting us with questions that have not...

Taxing Questions About Personal Property Tax

Personal property tax will be assessed on a boat annually if the “situs” of the boat is in a California county on Jan. 1 of any particular year. “Situs” is basically the...

Who’s at Fault in a Shipping Lane Collision?

Our reader is interested in whether the use of shipping lanes by a pleasureboat, or the failure to monitor radar or a VHF radio, could lead to a finding of fault in a collision. We will address those...

Do Coast Guard Charter Regulations Apply to Charity Auction Boat Trips?

Our reader is referring to Coast Guard regulations, which require passenger vessels to be inspected by the Coast Guard and the vessel operators to be licensed captains. Generally speaking, Coast...

A Title Nightmare: Two Titles and Two Owners for One Yacht

The Facts This case involved a retired husband and wife who sold their home, with a dream of buying a large sailing yacht and cruising the Pacific (we’ll call them Mr. and Mrs. Smith). The...

Can I Sue the Seller of a Boat with Hull Delamination for Fraud?

The short answer to this question, as with most legal questions, is “it depends.” In this case, it depends mostly on whether the buyer can establish that the seller took substantial steps...

Can Boats Be Withdrawn from Marina’s Lien Auction if Lender Doesn’t Attend?

This question raises a number of issues, ranging from state auction laws to the procedures for the foreclosure of maritime liens and mortgages. The laws for the conduct of a “public”...

What’s My Liability for Getting Bumped at a Mooring?

 The owner of the other boat is misguided. There is no specific regulation that requires a moored boat in an established mooring field to avoid “hindering or harming” a previously...

 
David Weil is licensed to practice law in the state of California and as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situations are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular situation. Therefore, the information provided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opinion of an attorney in their home state

SUBMIT A QUESTION

Have a maritime law question? Submit it online, and your question may be answered in a future issue of BoatingWorld Magazine. (Not all questions will be selected for publication.)