Imagine that you were injured while on a ship or other vessel. You have a right to file a legal claim against the negligent shipowner or ship operator. Though, this raises an important question: What is to stop the owner from simply sailing the ship away from the port and outside of the reach of the jurisdiction? How would you assert your legal rights?
It is a significant issue in maritime law. The good news is that there are tools available to help plaintiffs pursue fair compensation—both in tort claims and in breach of contract claims. A maritime attachment is one of the key legal tools. In this post, our Houston maritime law attorneys explain the most important things you need to know about maritime attachments in Texas.
What is a Maritime Attachment?
A maritime attachment is also frequently referred to as ‘Rule B’ attachment. Under the Rule B of the Federal Rules of Civil Procedure, a plaintiff in a tort claim or breach of contract claim can “attach” property up to the value of the claim. Essentially, they can obtain a security interest and, at least temporarily, seize the property.
As described by the United States Marshals Service, a maritime attachment is a“prejudgment process in which the court orders the seizure of attachment” of a ship, vessel, or other property. When a maritime defendant cannot be located within a jurisdiction, a maritime court will allow a plaintiff to obtain an attachment on property.
Why do Maritime Attachments Matter?
Maritime attachments matter because they are powerful and effective legal tools that address a potential problem. As was mentioned previously, the fundamental challenge that any maritime plaintiff faces is that the defendant may simply try to leave the jurisdiction entirely. By seeking a pre-judgement maritime attachment, a plaintiff obtains two clear advantages:
- They gain jurisdictional authority over a maritime defendant; and
- The secure property through which they can collect against if they bring a successful claim.
To put it another way, a maritime attachment is a form of property jurisdiction. It is a legal tool that can be used against a maritime defendant who is not subject to personal jurisdiction within a particular geographic area.
If you were injured or you otherwise have a claim against a vessel owner and you are concerned about your ability to bring legal action, an attorney can help. Among other things, an experienced Texas maritime lawyer can help you utilize a maritime attachment to hold them accountable and recover the full and fair financial compensation that you rightfully deserve.
Call Our Houston, TX Maritime Lawyers for Legal Guidance and Support
At the Kolodny Law Firm, our Texas maritime attorneys pride ourselves on providing the highest possible quality of legal representation and client services. We fight for the rights of injured victims. If you have any questions about maritime attachments, our lawyers are more than ready to help. Contact us now for a free, no commitment review of your case. With a legal office in Houston, our law firm serves communities throughout Texas.
It is a significant issue in maritime law. The good news is that there are tools available to help plaintiffs pursue fair compensation—both in tort claims and in breach of contract claims. A maritime attachment is one of the key legal tools. In this post, our Houston maritime law attorneys explain the most important things you need to know about maritime attachments in Texas.
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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