Ship Lawyer Ship Accident Lawyer Duties 4

Question 1

A ship accident lawyer learns the vessel owner is filing under the Limitation of Liability Act. The lawyer's duty is to:

Accepted Answer

Contest it by showing the owner had privity or knowledge of the unsafe condition

Answer

Owners lose the right to limit liability if they had privity or knowledge of the negligence or unseaworthiness.

Question 2

What information must a lawyer gather to calculate a seaman's lost-earning-capacity damages?

Accepted Answer

Work history, wage records, life expectancy, and future earning potential

Answer

Lost earning capacity requires economic data on wages, work-life expectancy, and future prospects.

Question 3

A lawyer must advise an injured seaman that accepting 'maintenance' payments does NOT:

Accepted Answer

Waive or reduce the right to pursue a Jones Act negligence claim

Answer

Maintenance and cure are independent of and do not bar a separate Jones Act negligence recovery.

Question 4

When a client's injury was partly their own fault, the ship accident lawyer should explain that maritime law applies:

Accepted Answer

Pure comparative negligence reducing damages by the client's fault percentage

Answer

Maritime law uses pure comparative fault, reducing but not eliminating recovery for the worker's own negligence.

Question 5

A ship accident lawyer's duty of diligence requires preserving which onboard evidence after a collision?

Accepted Answer

The voyage data recorder, logbooks, and maintenance records

Answer

Logs, the VDR ('black box'), and maintenance records are key objective evidence of fault and condition.

Ship Lawyer Practice Test