Legal Talk
Why the controversy over salvage?
John K. Fulweiler
March 22, 2010
So, I'm giving a talk this weekend to some yachting folks on legal issues that arise when you abandon ship. Of course, I'm going to talk about salvage. It's a favorite subject of mine and deserves attention because it is often misunderstood.
So, why is there so much controversy surrounding the law of salvage? Whether you're wearing a tie or a lifejacket, everyone seems to have something to say and most of it misses the mark. A salvage claim is nothing more than a claim for money based on the claimant having saved a vessel and/or its cargo from loss. Broadly speaking, to qualify for a salvage award, the vessel must be in peril (actual or imminent), you can't have had a pre-existing obligation to assist the vessel, and you need success. Sure, salvage rights generally give rise to a maritime lien, but right to ownership of a salvaged vessel? Not usually.
So what's the problem? What other legal mechanism could so elegantly encourage people to risk life and limb trying to save a vessel from loss? Let me know if you can think of one.
Lastly, a quick Williamson Turn here, the March 18 Irish Times reports on how low-cost “jammers” pose a major threat to GPS signals. It is an interesting article and provides more support for my criticism of the Obama administration's decision to kill Loran-C. I'm telling you, that was a bad, bad move.
Underway and making way.
WARNING: No legal opinion offered and no attorney/client relationship is formed. If you have a legal issue, contact an attorney. Do not rely on anything stated herein. This is not the appropriate forum to seek legal advice.
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Author Bio
John K. Fulweiler
John K. Fulweiler is a licensed mariner and experienced admiralty attorney. As a partner in a New York-based law firm, he represents individuals and companies throughout the East and Gulf Coasts. He enjoys navigating the choppy waters of the maritime law, but readily admits to missing working on the water.
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