What is ‘general average’ and how does it affect my maritime injury claim?
General average is a maritime law principle that protects shipowners by requiring all of the cargo and passengers on a ship to bear a proportionate cost of any damages sustained in the course of their voyage. It is based on the idea that when a ship’s crew willingly sacrifices some of the cargo or equipment to protect the rest, all of the passengers and cargo owners on the ship should bear the costs associated with such a loss. If a passenger on a ship suffers from a maritime injury during a voyage, and general average is declared, this could affect their claim. This is because the damages they seek to recover must be shared among all of the other passengers and cargo owners. The damaged party must contribute a portion of their damages to cover the loss of the other passengers and cargo owners. When it comes to maritime injury claims, it is important to understand the principles of general average. Your attorney should be able to explain any general average issues that may be present in your case and provide advice on how they could affect your claim. Additionally, if the shipowner fails to comply with the general average rules, they may be held liable for the full value of any damages you have suffered.
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