Maritime liens are a right peculiar to maritime law. The vessel, under the General Maritime Law, is held responsible for the torts and misconduct of its master, crew, owners or operators. Maritime liens can result from accidents or injuries that occur on vessels, the vessel’s owner’s failure to pay for supplies, fuel, repairs, dockage, food, propellers, and other necessaries provided to the vessel, crew wage claims, an employer’s refusal to pay for maintenance and cure, salvage and towage of a vessel, collisions between vessels, allisions between a moving vessel and a fixed object and preferred ship mortgages. If you are hurt on a recreational powerboat or commercial vessel, then you may have a maritime tort lien against the vessel.
A maritime lien is a right of a non-vessel owner in a vessel that allows the non-vessel owner, or lienholder, to have the vessel arrested by a United State Marshal. Once the vessel is arrested, she is not permitted to leave port or be used by her owner. If the vessel owner does not post adequate security for the vessel’s release or pays the claim, then the vessel can be sold by a federal court sitting in admiralty. The proceeds from the vessel’s sale will be distributed to the lienholder to satisfy the maritime lien or debt.
The enforcement of maritime liens is unique to admiralty and not available to people injured on land in automobile accidents and other injuries that occur on land. A maritime lien is a very powerful remedy that is available to a person injured on a boat or jet ski. Vessel repairers, marinas, fuel suppliers, steamship agents, and ship chandlers, who are not paid for their services may also enforce their maritime liens. The enforcement of the maritime lien normally results in the claim or debt being paid. S. Scott Bluestein, Esq. has been involved in numerous vessel arrest cases and possesses the necessary knowledge and experience to assist with maritime lien issues.
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Bluestein Law Firm, P.A.
1040 e-Wall St.
Mount Pleasant, SC 29464
Toll Free: (866) 428-4030 Local: (843) 577-3092
Fax: (843) 577-3093
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MAILING ADDRESS:
P.O. Box 22253
Charleston, SC 29413-2253
Bluestein Law Firm, P.A. offers admiralty and maritime law services to clients in Charleston, South Carolina and other East Coast communities of Mount Pleasant, Beaufort, Hilton Head, Myrtle Beach, Georgetown, Little River, Pawleys Island, and throughout Charleston County, Horry County, Georgetown County, and Beaufort County.
