The Importance of Timely Filing a Claim in Any Limitation Action If a Worker is Injured in an Incident Involving a Vessel

Published by The Pellegrin Firm January 31, 2021

The Uniform Statute of Limitations for Maritime Torts establishes a three-year statute of limitations for claims arising from injury occurring on navigable waters. The Uniform Statute applies to actions under the Jones Act, as well as to claims by seamen for injuries based on unseaworthiness of a vessel and claims for any other party’s negligence arising under general maritime law. The statute is codified at 46 U.S.C.A. § 30106.

Federal Court Denies Summary Judgment on Liability to Injured Carnival Cruise Passenger Seeking Damages Under Maritime Law

Published by The Pellegrin Firm December 29, 2019

In a recent decision dated November 22, 2019, a federal judge in the Southern District of Florida denied summary judgment for an injured cruise ship passenger seeking a ruling declaring Carnival Cruises negligent in her case. More specifically, the plaintiff sought a ruling from the court that Carnival had actual or constructive knowledge of a dangerous condition that caused her injury.