How Maritime Liens Work in Injury Cases

What Is a Maritime Lien?

A maritime lien is different from the liens most people encounter involving homes, vehicles, or unpaid debts.

Under maritime law, certain claims can attach directly to a vessel. These claims may arise from services provided to the vessel, crew wages, salvage operations, or damage caused by a maritime tort.

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.

Federal law recognizes damages arising from maritime torts as a category of preferred maritime liens. That can include certain personal injury claims when the accident falls within federal admiralty jurisdiction.

Unlike many ordinary liens, a maritime lien generally arises by operation of law when the underlying maritime claim occurs rather than because someone files a document creating it.

Maritime Liens After an Injury

Not every injury involving a boat automatically creates a maritime lien.

The underlying claim generally must qualify as a maritime tort. That may involve factors such as where the accident occurred, the relationship between the accident and maritime activity, and how the vessel contributed to the injury. Potential examples may include injuries caused by:

• Negligent vessel operation
• Vessel collisions
• Propeller strikes
• Unsafe conditions aboard a vessel
• Certain boating or excursion accidents
• Other negligent conduct connected to vessel operations

A personal injury claim may create a maritime lien when the injury resulted from negligence covered by maritime law.

Claims Against the Vessel and the Responsible Party

One unusual feature of maritime law is that a claimant may sometimes proceed directly against the vessel itself. This is known as an in rem action.

A separate claim against the vessel owner, operator, employer, or another person is generally called an in personam action.

Depending on the circumstances, an injured person may potentially have both types of claims.

The distinction matters because the maritime lien represents an interest in the vessel itself. In some circumstances, that lien may continue to attach to the vessel even if ownership changes.

Vessel Arrest and Maritime Liens

A maritime lien may sometimes be enforced through a federal admiralty proceeding involving the vessel. This does not mean an injured person can simply take possession of a boat.

Instead, the claimant must follow specific federal court procedures. When the requirements for an in rem action are satisfied, a court can issue a warrant allowing the vessel to be arrested as part of the case.

The vessel owner may then provide security, such as a bond, to obtain the vessel's release while the dispute continues.

Because vessel arrest is a specialized legal process with significant consequences, determining whether it is appropriate requires careful analysis of the underlying claim.

Why Maritime Liens Can Matter in Injury Cases

A maritime lien can provide another potential way to secure an injury claim.

This may become particularly important when questions arise about vessel ownership, insurance coverage, available assets, or whether the vessel may leave the area where the accident occurred.

Maritime tort liens may also receive special priority compared with certain other claims against a vessel. Federal law specifically classifies liens for damages arising from maritime torts as preferred maritime liens.

Exactly how competing liens are prioritized can depend on the types of claims involved and the circumstances of the case.

Evidence in a Maritime Lien Injury Case

Establishing the underlying injury claim remains critical. Potentially important evidence may include:

• Photographs, videos, and witness statements
• Vessel ownership and registration information
• Navigation and vessel records
• Accident or incident reports
• Maintenance and inspection records
• Coast Guard or law enforcement reports
• Medical records

Evidence showing how the vessel contributed to the accident may help determine whether the injury qualifies as a maritime tort and whether a maritime lien may arise.

Morgan & Morgan May Be Able to Help

Maritime liens add another layer of complexity to an already specialized area of injury law. Determining whether a lien exists may require examining how the accident happened, where it occurred, which maritime laws apply, and the relationship between the injury and the vessel.

Morgan & Morgan's maritime accident attorneys can investigate the accident, identify potentially responsible parties, determine whether maritime lien rights may apply, 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.