It deals with determining fault, joint liability, the rights that plaintiffs have in seeking damages, and the limits of liability amounts in personal injury claims. If you have recently been the victim of a maritime accident, understanding the intricacies of the Marine Liability Act may help you determine if you have a claim.
The first part of the Act determines who is eligible to file a claim for personal injury or death. It expands eligibility to not only the person affected but also includes the following:
(a) a son, daughter, stepson, stepdaughter, grandson, granddaughter, adopted son or daughter, or an individual for whom the injured or deceased person stood in the place of a parent;
(b) a spouse, or an individual who was cohabiting with the injured or deceased person in a conjugal relationship having so cohabited for a period of at least one year;
or (c) a brother, sister, father, mother, grandfather, grandmother, stepfather, stepmother, adoptive father or mother, or an individual who stood in the place of a parent.
Additionally, the Act clarifies the limitation of liability for maritime claims by re-enacting the guidelines of the 1976 Convention on Limitation of Liability for Maritime Claims. These guidelines relate to the maximum cap of damages that can be received as a result of wrongful death, injury, or loss of guidance, care, and companionship as a result of death or injury.