Arresting the Vessel: A Practical Guide

Understanding Vessel Arrest

In maritime law, the word arrest has a very different meaning than it does in criminal law. Nobody is being placed in handcuffs.

Instead, vessel arrest is a legal procedure used to bring a boat or ship under the control of a federal court. It can be used to enforce certain claims that attach directly to the vessel through a maritime lien.

This type of lawsuit is known as an in rem action because the claim is directed against the vessel itself.

That is different from an in personam claim, which is brought against a person or company, such as the vessel owner or operator. Depending on the circumstances, a maritime case may involve both types of claims.

When Vessel Arrest May Apply

A vessel cannot be arrested simply because someone was injured aboard it or has a dispute with its owner. There generally must be a legal basis for proceeding directly against the vessel.

Under federal admiralty rules, an in rem action may be used to enforce a maritime lien. Maritime liens can arise from several types of claims, including certain personal injury claims involving maritime torts.

A maritime tort is a wrongful act, such as negligence, that causes injury or damage in connection with maritime activity and falls under maritime law.

For example, an injury caused by negligent vessel operation may potentially create maritime lien rights depending on the circumstances.

Other maritime liens can arise from matters such as crew wages, vessel repairs, salvage, collisions, and other qualifying maritime obligations.

The Vessel Arrest Process

Vessel arrest is a formal federal court procedure. The process generally begins with an in rem lawsuit involving the vessel. The complaint must identify the property involved and explain the legal basis for the claim.

The court then reviews the complaint and supporting materials. If the requirements for an in rem action appear to be satisfied, the court can direct the clerk to issue a warrant for the vessel's arrest.

For a vessel, that warrant is carried out through the U.S. Marshals Service.

Once the warrant is executed, the vessel is placed under arrest and cannot simply leave as though nothing happened.

The exact procedures can vary depending on the federal district and circumstances of the case, and local admiralty rules may also apply.

What Happens After a Vessel Is Arrested

A vessel under arrest comes under the authority of the court.

The U.S. Marshals Service may place notice of the arrest aboard the vessel and arrange for it to remain in custody while the case proceeds.

That does not necessarily mean the vessel will remain physically detained for the entire lawsuit.

In many cases, an owner or another interested party may provide a bond or other acceptable security that allows the vessel to be released while the underlying dispute continues.

The security can then help protect the claimant's interest without requiring the vessel to remain tied up throughout the litigation.

Vessel Arrests in Personal Injury Cases

Vessel arrest is not part of every maritime injury lawsuit. Many claims proceed directly against vessel owners, operators, employers, tour companies, or other responsible parties without requiring an arrest.

However, vessel arrest may become relevant when an injured person has a valid maritime lien against the vessel.

For example, certain injuries resulting from negligent vessel operation or another maritime tort may support a claim directly against the vessel.

Whether an injury actually creates maritime lien rights depends on the facts of the accident and whether the underlying claim qualifies under maritime law.

That makes determining the legal basis for the injury claim an important first step before vessel arrest is considered.

Reasons for Arresting a Vessel

A maritime lien gives a claimant an interest connected directly to the vessel. Arrest is the legal process that may allow that lien to be enforced through an in rem action.

This can matter because vessels are movable property.

A boat or ship may travel between ports, states, or countries, and ownership can sometimes change while a dispute remains unresolved.

Vessel arrest can bring the property under the court's authority and provide security for a qualifying maritime claim.

However, arresting a vessel can also involve significant procedural requirements and expenses. It is therefore a legal remedy used in appropriate cases rather than a routine step after every maritime accident.

Evidence That May Matter Before a Vessel Arrest

Before pursuing an in rem claim, an attorney may need information establishing both the underlying maritime claim and the vessel involved. Potentially important evidence may include:

• The vessel's name, registration, and ownership information
• Photographs or videos of the vessel and accident
• Witness statements
• Accident and incident reports
• Navigation or vessel records
• Maintenance and inspection information
• Medical records
• Documents showing where the vessel is located

The vessel's location can be particularly important because federal admiralty procedures generally require the vessel to be within the territorial authority of the court when the arrest is carried out.

Morgan & Morgan May Be Able to Help

Vessel arrest is one of the more specialized remedies available under maritime law. Determining whether it applies can require establishing a maritime lien, identifying the correct vessel and responsible parties, and following specific federal court procedures.

Morgan & Morgan's maritime accident attorneys can investigate what happened, determine what maritime claims may be available, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee is Free®, you pay nothing unless we win your case.