What is the scope of the Convention on Limitation of Liability for Maritime Claims?

The Convention on Limitation of Liability for Maritime Claims, otherwise known as the LLMC, is a treaty that was established in 1976 and has been adopted internationally to provide protection for shipowners from certain types of legal claims. The purpose of the LLMC is to limit the amount of money that a shipowner or their insurer is liable to pay in the case of an accident or injury. The scope of the LLMC applies to the maritime claims that result from a maritime casualty, which is an accident or incident that occurs on a sea vessel or other floating structure. This includes any damage to the vessel itself, any damage to property on board, and any personal injury to passengers or crew as a result of the accident or incident. In California, the LLMC applies only to maritime claims that occurred after July 1, 1981, although some states have adopted the LLMC for claims that occurred before this date. For a claim to be covered by the LLMC, the amount of money sought must exceed the amount of limitation specified in the treaty. Limitation is determined by the value of the vessel and its cargo at the time of the accident, and the amount of money the shipowner has set aside in a fund. Under the LLMC, the amount of liability for which a shipowner or their insurer is responsible for is limited, regardless of the size of the claim or the amount of money that has been spent in defense of the claim. This is important, as it protects shipowners from large claims that could financially ruin them or their insurer.

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