Legal Question in Real Estate Law in Georgia

lost at sea

last saturday, 7 people, including myself went on a chartered off shore dive trip. approx 22 miles out to sea, the boat developed mechanical problems and capsized (flipped upside down). we all floated in the middle of the ocean for about 7 hrs. until a fishing boat found us. $3000-$4000 worth of my dive equipment, my billfold (including cash, credit cards & several personal effects) & the only set of keys i had to my vehicle were all lost. i'm now getting the run around from the owner of the boat about my stuff. i did have to sign a waiver releiving them from any liability if i was injured during the dive but nothing was said about my personal belongings if the boat sank. the ''sea tow'' guys that went out and pulled the boat back to the marina said that the boat was in terrible condition and that they couldn't believe the boat was being used for charters.


Asked on 7/25/02, 11:40 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: lost at sea

An unusual question. I just spent 12 days on a cruise ship in the Caribbean and thought much about Admiralty or "boat law," while we were on the cruise.

While it has been more than 8 years since I last worked on an Admiralty case, are you not under admiralty? Consider. 22 miles offshore? More than 3 and more than 12 miles, you would be in international waters. Now the "flag" that boat was flying is probably a local Georgia boat license. The boat owner IS RESPONSIBLE for the loss, but I dont know whether you have good jurisdiction over him in the Superior Court of Chatham County(whatever GA county the boat is docked in. Thus, might be Glynn County), or whether you would have to bring your claim in the US District Court for the Southern District of Georgia (Federal Court)pleading a maritime claim in admiralty.

If he does not compensate you, you should sue him. While the boat may stink, I think under maritime law you may put lien on it, once you get a judgment. However, that is probably of little comfort to you. Does he have anytype of marine personal or cargo insurance? If so, make a claim against his marine carrier. (Which, of course, may not exist).

Ah, the fun of boat law.

Good luck with it. HCW

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Answered on 7/29/02, 11:22 am


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