Admiralty Toolkit: Jones Act Claims, Limitation Actions, Liens, and Cargo Disputes

Summary. Letters, outlines, and worksheets for maritime injury, cargo, vessel, and casualty matters.

Tool 1 — Crew injury statement and accident report correction

Your own statement, written the same day

Date/time of incident: ___ Vessel: ___ Location aboard: ___ Weather / sea state: ___ My watch began at: ___ Hours worked before the incident: ___ What I was doing: [task, and on whose instruction] What happened: [chronological, factual, specific — the equipment, the condition, the movement] Equipment involved: [identify by name and location; condition; any prior defect reported, and to whom] Who was present: [names, ranks, personal phone numbers and emails] Who I reported to, and when: ___ My injuries: [everything that hurts, not just the worst] Photographs taken: [list]

Correction language on the company's report

I do not agree with the description of the incident in this report. My description is as follows: [___]. I am signing only to acknowledge receipt of this form and not to adopt its contents.

Tool 2 — Seaman status evidence request

To: [Employer] Re: [Name] — Request for employment and assignment records

Please produce:

1. All assignment records identifying each vessel to which [name] was assigned, with dates, for the period ___ to ___;
2. Time records showing hours worked aboard vessels versus ashore, by vessel and by date;
3. The vessel ownership and management structure for each vessel and for the fleet;
4. The job description for [name]'s position, and any task or duty lists;
5. Crew lists and articles for each voyage;
6. Documentation of each vessel's status in navigation during the relevant period, including any withdrawal for major repair or lay-up;
7. Payroll records showing vessel assignment codes;
8. Any determination by the employer or its carrier regarding [name]'s status as a seaman or as a longshore worker.

Tool 3 — Maintenance and cure demand

To: [Employer / claims administrator] Re: [Name] — Demand for maintenance and cure

[Name] was injured on ___ while in the service of the [vessel]. The obligation to provide maintenance and cure arises without regard to fault.

Cure. Enclosed is the treating physician's report and treatment plan dated ___. [Name] requests authorization and payment for [treatment], and for all reasonable and necessary medical care until maximum medical improvement.

Maintenance. [Name]'s actual daily expenses for food and lodging are $___ per day, itemized as follows and documented by the enclosed receipts and lease: rent/mortgage $; utilities $; food $___. [Name] requests maintenance at that rate from ___, and payment of any arrears.

Unearned wages. [Name] was engaged through ___ at a rate of ___ and requests unearned wages of $___.

Please confirm in writing the rate, the payment schedule, and the authorization for treatment within [10] days.

Tool 4 — Challenge to termination of cure

Re: Termination of maintenance and cure — [name]

You have terminated payments effective ___. Please provide, in writing:

1. The basis for the termination;
2. A copy of any report or examination relied upon, and the identity and specialty of its author;
3. Whether [name] was examined in person, and by whom;
4. Your position on whether [name] has reached maximum medical improvement, and the basis for it.

[Name]'s treating physician, Dr. ___, states that [name] has not reached maximum medical improvement and requires [treatment], as set out in the enclosed report of ___.

A conflict of medical opinion does not justify termination, and ambiguities and doubts are resolved in favor of the seaman. Continued refusal to pay, without a reasonable basis, exposes you to compensatory damages and, where willful and wanton, to punitive damages.

Please reinstate payments and authorize treatment within [7] days.

Tool 5 — Evidence preservation letter

To: [Owner / operator / employer / carrier] Re: [Incident], [vessel], [date] — Litigation hold

You are on notice of a claim arising from the above incident. Preserve, and do not alter, overwrite, discard, or repair:

1. Deck and engine logs, bell books, and rough logs for the voyage and the preceding ___ days;
2. Voyage data recorder data and all electronic navigation, engine, and machinery data, including AIS and ECDIS records — note that these overwrite; download and preserve immediately;
3. All photographs, video, and CCTV, including footage that automatically overwrites;
4. Maintenance records for [equipment], including the planned maintenance system history, work orders, requisitions, deferred maintenance lists, and spare parts records;
5. The physical equipment, in its post-incident condition — do not repair, replace, or discard;
6. Crew lists, articles, rotation schedules, and hours-of-rest records;
7. The safety management system manual, the written procedure for the task, job hazard analyses, and pre-task briefing records;
8. Prior incident, near-miss, and defect reports relating to this equipment or task, and safety meeting minutes;
9. Inspection records — class society, flag state, port state, and internal audits, with deficiency lists;
10. Drug and alcohol testing records and post-incident testing results;
11. The accident report and all drafts, witness statements, and internal investigation materials.

We request an opportunity to inspect the vessel and the equipment before any repair, and to photograph the scene. Please advise of the vessel's schedule and a mutually convenient date within [14] days.

Tool 6 — Limitation action claim and privity discovery

Claim and answer outline

1. Claim. Claimant [name] asserts a claim against [vessel/owner] arising from [incident] on [date], in the amount of $___, for [personal injury / wrongful death / property damage / cargo loss]. 2. Answer to the petition. Claimant denies that the owner is entitled to exoneration or limitation. 3. Value. Claimant contests the alleged value of the vessel and pending freight, and demands appraisal. 4. Privity or knowledge. The loss occurred with the privity or knowledge of the owner, in that [shoreside management knew of the defective condition through ___; the condition had been reported on ___; the owner's own inspection on ___ identified ___; the owner failed to implement its own safety management system requirement that ___]. 5. Timeliness. [The petition was filed more than six months after written notice of claim dated ___ and is untimely.] 6. Stipulations. Claimant offers the stipulations necessary to permit the claim to proceed in [forum], including that the fund is adequate and that the owner's right to litigate limitation in this Court is preserved.

Privity and knowledge discovery

• Organizational chart identifying managing officers and supervisory personnel
• All communications between the vessel and shoreside management regarding the equipment or condition
• Planned maintenance system history and deferred maintenance approvals
• Internal audit and inspection reports, with deficiency close-outs
• Prior incident and near-miss reports on the same equipment or task fleet-wide
• Budget documents relating to repairs or crewing for the vessel
• The safety management system, and evidence of its implementation and audit
• Crewing decisions and manning levels, with any request for additional crew

Tool 7 — Cargo notice of claim and joint survey request

Notice of claim

To: [Carrier] Re: [Vessel/voyage], B/L No. ___, container ___, delivered ___

Notice is given of loss and damage to the above shipment, discovered [at delivery / on ___ , within three days of delivery, the damage not having been apparent on ordinary inspection].

Description of loss: []. Estimated value: $. Condition on delivery: [seal number ___ , intact/broken; container condition; stow condition]. Photographs enclosed. The delivery receipt was claused as follows: [___].

Claimant demands a joint survey before the goods are moved or disposed of, and will hold the goods and packaging available at [location] until [date]. Please advise the name and contact of your surveyor within 48 hours.

Claimant reserves all rights, including against the vessel, the terminal, the stevedore, and any inland carrier.

Extension of suit time

To permit continued discussion of this claim, [carrier] agrees that the one-year period for bringing suit in respect of the above shipment is extended to [date], without prejudice to any defense other than the expiration of that period. This agreement may be further extended only in writing.

Agreed: ____________________ [carrier, by, date]

Tool 8 — Package limitation analysis

Tool 9 — Verified complaint in rem and arrest checklist

Complaint outline

1. Jurisdiction. Admiralty and maritime jurisdiction under 28 U.S.C. § 1333; this is an admiralty or maritime claim within Rule 9(h). 2. Parties. Plaintiff [ ]; Defendant vessel [name, official number, flag], in rem; [owner/operator, in personam]. 3. The vessel is now, or will during the pendency of process be, within this district. 4. The claim. [Necessaries provided — fuel, supplies, repairs, wharfage, stevedoring — on the order of the owner or a person authorized to procure them; unpaid seamen's wages; salvage; tort; preferred mortgage.] Invoices attached. 5. Maritime lien. The claim gives rise to a maritime lien on the vessel. 6. Amount. $___ , plus interest, costs, and attorney's fees where allowed. 7. Prayer. Issuance of a warrant of arrest; that the vessel be condemned and sold; that plaintiff's claim be paid from the proceeds according to its priority. Verification by a person with knowledge, as Rule C requires.

Arrest checklist

• Verified complaint drafted before the vessel arrives
• Vessel position tracked; arrival confirmed
• Motion for issuance of warrant, with supporting declaration
• Marshal's deposit and arrangements
• Substitute custodian identified and appointed (cheaper than the marshal)
• Custodian insurance in place
• Notice to the owner, charterer, master, and any known mortgagee
• Publication as the rules require
• Budget custodia legis costs — custodian, insurance, crew maintenance, bunkers
• Prepared to accept security and release: bond, club letter of undertaking, or cash
• Lien priority analysis — wages and salvage outrank necessaries

Letter of undertaking (accepting security)

In consideration of the release of the [vessel] from arrest and the agreement not to re-arrest for this claim, [P&I club / surety] undertakes to pay any final judgment or agreed settlement in favor of [claimant] in respect of [claim], up to $___ plus interest and costs, and to appear and file security in any court of competent jurisdiction. This undertaking is given without prejudice to all defenses other than the absence of the vessel from the jurisdiction.

Tool 10 — Vessel purchase lien affidavit and diligence

Seller's affidavit

[Seller], being duly sworn, states: (1) Seller is the owner of the [vessel]; (2) except as listed on Schedule A, there are no unpaid claims for necessaries — including fuel, lubricants, supplies, provisions, repairs, dockage, wharfage, towage, stevedoring, or agency fees — furnished to the vessel within the past ___ years; (3) all wages and benefits owed to crew have been paid in full through the date hereof, and no crew claim is outstanding; (4) there are no salvage, general average, or tort claims against the vessel known to Seller; (5) no maritime lien, mortgage, or encumbrance exists except as listed on Schedule B; (6) the vessel has not been arrested or attached; and (7) Seller indemnifies Buyer against any maritime lien arising before closing.

Diligence checklist

• Abstract of title / recorded instruments search
• Preferred mortgages and notices of claim of lien
• Class records and outstanding recommendations
• Flag state and port state inspection history
• Crew wage records and payoff confirmations
• Known supplier payoff letters
• Escrow holdback amount and period
• Consider a judicial sale for clean title

Tool 11 — Charter party clause review sheet

Tool 12 — Casualty response memorandum

Immediately (hour one)

1. Life safety; medical evacuation if needed. Document the response and any delay.
2. Notify [company emergency contact], [insurers], [P&I club], [counsel].
3. Report to the Coast Guard / flag state as required.
4. Secure the scene; prevent further loss.

Hours 1–8 5. Post-incident testing where a serious marine incident is involved. 6. Issue the written preservation instruction (Tool 5 list) to vessel and shore. 7. Download and preserve voyage data recorder and electronic data before overwriting. 8. Do not repair the equipment involved. 9. Photograph everything.

Day 1–3 10. Crew statements, with counsel, before rotation. 11. Determine whether individual crew need separate counsel. 12. Prepare for the Coast Guard investigation; counsel before statements. 13. Begin the internal investigation with privilege in mind.

Week 1–4 14. Maintenance and cure authorized for any injured seaman. 15. Calendar the six-month limitation clock from the first written claim. 16. Evaluate limitation against privity or knowledge. 17. Confirm insurance notices given and reservations reviewed.

Tool 13 — Deadline calendar

Related documents

• Maritime and Admiralty Law
• Handling a Maritime Injury or Cargo Claim
• Maritime Claim and Vessel Compliance Checklist
• First-Party Insurance Toolkit
• Personal Injury Claim Toolkit
• Trial and Post-Trial Toolkit

Templates are starting points, not filings. Maritime deadlines are short and frequently shortened by contract. Consult admiralty counsel before filing or sending.