Maritime Law How Maritime Law Works 3 — Questions and Answers
Question 1: Under the Death on the High Seas Act (DOHSA), when does federal law provide a wrongful death remedy?
- When death occurs within U.S. territorial waters (3 nautical miles)
- When death occurs more than 3 nautical miles from the U.S. shoreline (Correct answer)
- Only when a foreign vessel causes the death
- When death occurs on a vessel registered outside the United States
Correct answer: When death occurs more than 3 nautical miles from the U.S. shoreline
DOHSA (46 U.S.C. § 30301) provides a federal wrongful death cause of action when death results from a wrongful act or negligence on the high seas beyond 3 nautical miles from U.S. shores.
Question 2: What is a 'bareboat charter' (also called a demise charter) in maritime law?
- A charter agreement where the owner provides the vessel, crew, and supplies
- A charter where the charterer takes full possession and control of a vessel without crew or supplies (Correct answer)
- A short-term lease of a vessel for a single voyage
- An agreement for the owner to operate the vessel on behalf of the charterer
Correct answer: A charter where the charterer takes full possession and control of a vessel without crew or supplies
In a bareboat or demise charter, the charterer takes complete possession of the vessel, assumes responsibility for crewing and operating it, and becomes the legal owner for purposes of liability.
Question 3: Which international convention establishes minimum safety standards for ships engaged in international voyages?
- MARPOL 73/78
- SOLAS (Safety of Life at Sea Convention) (Correct answer)
- COLREGS
- UNCLOS
Correct answer: SOLAS (Safety of Life at Sea Convention)
The International Convention for the Safety of Life at Sea (SOLAS), first adopted in 1914 and updated most recently in 1974, is the primary international treaty covering ship safety.
Question 4: What remedy does a maritime worker have under the 'unseaworthiness' doctrine against a vessel owner?
- Workers' compensation benefits capped at two-thirds of wages
- A negligence claim requiring proof of the owner's fault
- Strict liability for injuries caused by a vessel or equipment not reasonably fit for its intended purpose (Correct answer)
- A tort claim governed exclusively by state law
Correct answer: Strict liability for injuries caused by a vessel or equipment not reasonably fit for its intended purpose
The unseaworthiness doctrine imposes strict liability on vessel owners — without proof of negligence — when a defective vessel, appurtenance, or crew makes the ship unsafe.
Question 5: Which document is required by the IMO and sets out the conditions of a seafarer's employment?
- Certificate of Competency
- Seafarers' Employment Agreement (SEA) (Correct answer)
- Bill of Lading
- Sea Protest
Correct answer: Seafarers' Employment Agreement (SEA)
The Maritime Labour Convention (MLC 2006) requires that seafarers have a Seafarers' Employment Agreement specifying their rights, duties, wages, and working conditions.
Question 6: What is 'subrogation' in the context of marine insurance?
- The insurer's right to step into the shoes of the insured and sue the party responsible for a covered loss (Correct answer)
- The process of transferring a marine insurance policy to a new vessel owner
- A clause that reduces the insured's coverage if the vessel is over-insured
- The insurer's option to repair rather than pay for a total loss
Correct answer: The insurer's right to step into the shoes of the insured and sue the party responsible for a covered loss
Marine insurance subrogation allows the insurer, after paying a claim, to sue the third party responsible for the loss to recover what it paid.
Question 7: Under U.S. law, what is the statute of limitations for a personal injury claim under the Jones Act?
- 1 year
- 2 years
- 3 years (Correct answer)
- 5 years
Correct answer: 3 years
Jones Act personal injury claims must be filed within 3 years of the date of injury, mirroring the statute of limitations for Federal Employers' Liability Act (FELA) claims.
Maritime Law How Maritime Law Works 3
Under the Death on the High Seas Act (DOHSA), when does federal law provide a wrongful death remedy?