What legal remedies are available for cases involving maritime or admiralty claims?
In Tennessee, the legal remedies available for cases involving maritime or admiralty claims depend on the specifics of the claim and the situation. Generally, damages, which may include both economic and noneconomic losses, can be sought for any negligence, injury, death, or breach of contract that occurs in navigable waters. Additionally, those who sustain maritime injuries may be able to sue the vessel’s owner, operator, or designer for damages. In cases involving cargo damage, an admiralty action would be filed in a federal court in Tennessee against the vessel owner, carrier, shipper, or other responsible party. This lawsuit would be conducted pursuant to the Carriage of Goods by Sea Act. Shippers and carriers may be liable for a certain amount of damages based on fault and the value of the goods lost or damaged in transit. Another remedy for maritime or admiralty claims is a maritime lien. This is a security interest in a vessel that permits the lienholder to take possession of the vessel to preserve its value as security for payment of a debt. Maritime liens can often be filed in Tennessee against vessel owners who don’t pay debts for services such as repairs, fuel, or supplies. Finally, seizure of a vessel or other property is a potential remedy in severe cases. This allows the court to take possession of the vessel or other property with the intention of later selling it to satisfy the maritime claim. Such actions must be authorized by a court, which considers whether the value of the vessel exceeds the amount of the debt owed.
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