Maritime law, also known as admiralty law, is a body of laws and regulations that govern activities at sea or in any navigable waters. One of the most crucial aspects of maritime law is the protection it provides to passengers and crews aboard vessels. This legal framework ensures that their rights are upheld and they are compensated appropriately for any harm or damage suffered while on board.
The primary legislation that protects passengers traveling by sea is the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974. The convention sets out a regime of liability for damage suffered by passengers carried on seagoing vessels. It declares a carrier liable for damages or loss suffered by a passenger resulting from shipwreck, collision, stranding, explosion, fire, or defect in the ship.
For crew members working aboard ships, their safety and welfare are safeguarded under several international conventions such as Maritime Labour Convention (MLC), 2006 which establishes minimum working and living standards for all seafarers. Also noteworthy is The Jones Act – an essential part of U.S maritime law that allows injured sailors to make claims against their employers for injuries sustained at work.
However, it’s important to note that these protections come with certain limitations. For instance, under PAL 1974 there’s a limit on carrier’s liability which can be increased only if it can be proven that the incident resulted due to an act or omission done with intent to cause such incident or recklessly knowing such an incident would probably result.
Similarly under Jones Act – negligence needs to be proved against employer i.e., injury was caused due to employer’s negligence in maintaining safe work environment; ensuring proper training etc. Therefore having competent legal counsel who understands intricacies involved becomes extremely important when dealing with such cases.
Furthermore there are time limits within which claims need to be made – generally two years from date of incident but this could vary depending on the nature of claim and jurisdiction involved. Thus, it is important to act promptly when seeking compensation for any harm or damage suffered at sea.
In conclusion, maritime law provides significant protections for passengers and crews aboard vessels. However, these protections are not absolute and come with certain limitations. Therefore, it’s essential that individuals affected by maritime incidents seek legal advice promptly to ensure they can navigate through the complexities of maritime law effectively and secure just compensation for their sufferings.
