Maritime
Personal Injury and Wrongful Death and Litigation
Houck Anderson P.A. is
actively involved in every type of maritime personal injury and wrongful
death defense including those involving multiple plaintiffs and catastrophic
injuries. The firm's trial lawyers have experience defending claims brought
by crew members and maritime workers or their personal representatives under
the Jones Act, General Maritime Law, Death on the High Seas Act, and the
Longshoremen and Harbor Workers' Compensation Act. Representation of
clients in personal injury and wrongful death matters includes the defense
of marine product manufacturers and suppliers, ranging from pleasure craft
manufacturers to marine safety equipment and rigging manufacturers.
Maritime Contracts and Commercial
Documents
Our attorneys have worked with yacht charter
companies, steamship companies and maritime businesses to draft a wide
variety of maritime contracts and commercial documents. We have assisted in
the preparation of voyage charters, time charters and demise or "bareboat"
charters, and participated in arbitration of charter party claims.
We have drafted bills of lading, towing
agreements, salvage agreements and marine transportation agreements, as well
as marine service contracts of all types. We have assisted vessel owners in
the preparation of yacht and ship construction contracts, as well as
contracts for repair of yachts and ships. We have also helped marinas and
boatyards by drafting docking contracts and storage agreements.
Hull and Machinery Claims
Hull and machinery insurers
in the London and domestic markets have called upon Houck Anderson P.A. to
investigate, evaluate, adjust and litigate their hull and machinery claims.
When requested by underwriters, we have also assisted and supervised in the
drafting of repair specifications, coordinated the advertisement and
evaluation and awarding of repair bids, drafting and negotiated repair
contracts, as well as administering periodic progress payments to repairs as
repair work progressed.
Frequently, following the
successful completion of repairs, we then have prepared and prosecuted a
subrogation recovery action on behalf of underwriters against the parties
responsible for the hull and machinery damage. We provide Hull & Machinery
insurers with a full service approach to dealing with claims.
Marine Casualty Investigations
Our attorneys bring their varied maritime and
seagoing experience to bear on representation of ship owners and steamship
companies in Coast Guard marine casualty investigations, IMO and NTSB
investigations, and other regulatory and administrative matters before the
U.S. Coast Guard. We regularly defend pilots, deck officers and engineers in
the U.S. Coast Guard License Suspension and Revocation Proceedings. We have
assisted vessel owners and operators in documentation problems and matters
dealing with Certificates of Inspection and other marine inspection
regulatory issues. We have also been involved in representing clients with
regard to applications for Regulated Navigation Areas, representation with
regard to navigation hazards and obstruction to navigation, dealt with
issues involving wreck marking and removal, aids to navigation damage claims
and U.S. Coast Guard navigability determinations.
We have experience in administrative procedures
and regulations regarding claims against the United States, including the U.
S. Coast Guard, under the Federal Tort in Claims Act, Suits in Admiralty
Act, Public Vessels Act, Military Claims Act and other administrative claims
statutes. We also represent a variety of clients including industry
associations in litigation with regard to the constitutionality and
interpretation of various state and local boating regulations and
ordinances.
Crew Claims
Because Houck Anderson P.A. has represented
ship and yacht owners in crew claims for many years, we have developed a
thorough understanding of crew claims in the United States. To assist our
clients, we have developed a desk reference for crew claims adjusters, now
in its Fourth Edition, outlining the law on issues involving crew claims in
the United States. Our attorneys investigate and defend Jones Act and
unseaworthiness claims against vessel owners and operators, and we routinely
defend, administer and adjust maintenance and cure claims for our clients.
Marine Insurance
Houck Anderson P.A. has a significant practice
devoted to marine insurance matters. Marine insurance clients regularly ask
the firm to investigate coverage issues and to provide legal opinions with
respect to the availability of coverage for a particular loss. The firm's
attorneys also have substantial experience litigating on behalf of
underwriters' interests in declaratory judgment actions and coverage
litigation in state and federal courts.
The firm responds to claims of insureds made to
the Florida Department of Insurance and deals with regulatory matters before
that department on behalf of insurers. Through years of working with London
and domestic marine insurers, we have developed a thorough understanding of
the nuances of marine insurance practice and policies. We assist clients in
drafting, reviewing and analyzing policy language for marine insurance
policies of all types. We are also frequently called upon to assist our
clients in adjusting and settling first party hull and machinery insurance
claims.
Protection and Indemnity Claims
Houck Anderson P.A. has been
appointed as legal correspondent for protection and indemnity clubs and
associations from England, Scandinavia, and elsewhere in Europe and the
world. We are appointed on a regular basis by major protection and indemnity
insurers in the United States to represent and defend their members and
insureds for a wide variety of claims and litigation. These matters involve
collisions, groundings, vessel sinkings, wreck removal, environmental
damage, crew and passenger claims, stowaways, oil spills and similar
concerns.
Cargo Claims
Houck Anderson represents
clients involved in claims for lost or damaged cargo of all types. From the
destruction of a multi-million-dollar gantry crane during ocean transport to
the loss of containerized cargoes, the firm's attorneys are adept at
negotiating and litigating cargo claims, including claims for damage during
loading and unloading and intermodal transportation. We have assisted
clients in establishing their cargo claims handling procedures, drafting and
evaluating bills of lading, dock receipts and space charters, as well as
assisting cargo insurers in the drafting of cargo policy language. In
addition to the defense of cargo claims, we provide cargo insurers with
coverage opinions as well as represent cargo insurers in subrogation and
recovery actions.
Marinas and Boatyards
Houck Anderson P.A. assists its clients who
operate marinas and boatyards with their needs for drafting of dockage and
storage agreements, dealing with issues involving ship repairer’s liability
and products liability issues, as well as environmental compliance
requirements. We also work with employee status issues such as application
and scope of coverage under the Florida Worker's Compensation Act and the
Longshore and Harbor Workers Compensation Act.
We represent marinas and boatyards in defense
of claims for personal injury and wrongful death.
Preferred Ship Mortgages, Maritime
Liens and Vessel Arrests
Houck Anderson, P.A.
represents a number of clients in drafting, executing, filling and
foreclosure of preferred ships mortgages and other maritime liens. We have
in place the necessary arrangements to facilitate vessel arrests throughout
the Southeastern United States and the Caribbean, including liaison
relationships with local counsel and substitute custodians. We can also
draft, execute, file and foreclose other types of maritime liens as well as
defend vessel arrests and maritime lien foreclosure actions.
Limitation of Liability
A ship owner's right to petition for
exoneration or limitation of liability remains a very powerful tool through
which a ship owner cannot only seek to limit liability, but to also exercise
some control and influence over the venue and timing of litigation. Although
litigation involving the Ship Owners Liability of Liability Act has been
described as archaic, arcane and esoteric, it continues to exist for a
purpose.
Proper representation of ship owners in
such proceedings requires a thorough understanding not only of the
applicable law and procedural rules, but a mastery of the varied pleadings
and complex factual issues, which arise in such proceedings. Moreover,
inasmuch as such proceedings often follow in the aftermath of a major marine
casualty, a thorough understanding of the factual and legal issues involved
in complex litigation stemming from major collisions, groundings, fires,
sinkings, wrongful death and significant personal injury are also required.
Houck, Hamilton & Anderson attorneys have many years of experience in
representing vessel owners and operators in such matters.
Maritime Commercial Litigation
The firm is actively involved in maritime
commercial litigation, including ship repair and charter disputes
(arbitration and litigation), maritime creditor/debtor rights involving
maritime liens and ships' mortgages, bunker contamination claims, sales/use
tax disputes and salvage claims.
Recreational Marine
Our attorneys have a broad
base of experience in the investigation, reconstruction and defense of
recreational boating accidents and claims of all types. Our experience
includes collisions, groundings, sinkings, fires, wake damage, bottom damage
and heavy weather accidents. Whether the claim involves wrongful death,
serious personal injury or significant property damage, our attorneys can
respond quickly and, utilizing their own experience, as well as consulting
experts, investigate and reconstruct recreational boating accidents in order
to be able to provide a skillful defense of such claims.
Defense of Diving, Watersports and Personal
Watercraft Claims
Our firm defends vessel
owners, operators, and manufacturers against a variety of claims involving
recreational diving accidents, injuries and deaths, para-sailing, water
skiing, personal watercraft accidents and other accidents arising from water
based recreational activities. Our attorneys bring not only their personal
experience in the various aspects of the water sport industry to bear on
such cases, but we also have available a cadre of expert consultants with
backgrounds in these areas to assist us in our investigation and defense of
such claims. Houck Anderson P.A. has represented boat livery operators,
diving companies, para-sailing companies, as well as vessel owners and
insurers in the defense of watersports related accidents and injuries
throughout Florida, the Southeastern United States and the Caribbean.
Marine Environmental
Law
A solid and sophisticated
background representing vessel owners and governmental interests in collisions, groundings and other major marine casualties has provided our
attorneys with important knowledge and experience. Handling marine
environmental legal issues such as oil spill prevention planning, clean-up
and recovery operations, coral reef damage claims, sea grass and bottom
damage claims and environmental damage assessments and evaluations are all
within Houck Anderson's abilities. In addition to investigation and defense
of claims asserted against our clients arising from environmental damage
caused by marine casualties, our attorneys can also assist clients in
response planning, environmental compliance planning and management,
evaluation of their environmental compliance management systems, manuals and
procedures, as well as in the drafting of such plans, procedures and
manuals. Our attorneys also provide assistance to criminal defense attorneys
in the defense of criminal prosecutions for violation of marine
environmental statutes and regulations.
200 S. Biscayne Blvd., Suite 300, Miami, FL 33131
Phone: 305 372 9044 Fax: 305 372 5044
1500 Cordova Road, Suite 300, Fort Lauderdale, FL 33316 Phone: 954 522 0274 Fax: 954 463 8752
Email: info@houckanderson.com
Copyright © 2006 Houck Anderson P.A. All rights reserved.
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