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

The Convention on Limitation of Liability for Maritime Claims (the “Convention”) is an international agreement that seeks to limit the legal liability of shipowners, salvors, and other interested parties in certain maritime accidents and occurrences. The Convention applies to most types of maritime claims, including those arising from the death of or personal injury to any person, loss or damage to property, and damage caused by oil pollution. The Convention sets out the maximum amount of liability that a shipowner is expected to pay damages in the event of a maritime claim. This maximum amount is known as the “limitation fund” and is determined by the size and type of the vessel, the age of the vessel, and other factors. The limitation fund is intended to ensure that the shipowner’s liability is limited to a reasonable amount and that claimants receive just compensation for their losses. In California, the Convention applies only to certain types of maritime claims, such as those arising from personal injury, death, or property damage. In addition, the Convention does not apply to certain types of claims, such as those arising out of marine pollution or specific maritime contracts. The Convention is an important tool for shipowners, salvors, and insurers operating in California and other jurisdictions to be aware of the risks and liabilities that they may incur in the event of a maritime claim. It is also important for claimants to be aware of the limitations that the Convention imposes in order to ensure that they receive fair compensation for their losses.

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