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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Safety at Sea

For hundreds of years it has been the practice in admiralty and maritime case that parties injured in a maritime collision, or due to wake damage, don't sue harbor pilots but only sue the owner of the ship which causes the accident. However, since more and more maritime injury cases are being handled by non-maritime attorneys, that practice is changing.

The reason why maritime attorneys didn't sue the pilots is because harbor pilots are uninsured. They are unable to obtain liability insurance for accidents they may cause or contribute to because such insurance is not commercially available. It never has been. Consequently, a plaintiff who sues a harbor pilot is going after the pilot's assets, not just some insurance company.

To protect their assets, most pilots are individually incorporated and hold their assets jointly with their wives. However, some are even looking for better forms of asset protection. Asset protection trusts, inter vivos transfers to their children and other, more aggressive asset protection methods, all of which are perfectly legal, are becoming more common.

If you are a pilot and need help in protecting your assets, contact me. I can help.

If you are injured by a ship under pilotage, either in a collision or through wake damage, make sure your attorney knows maritime law.

If you hired a non-maritime attorney to handle a maritime case, and he failed to arrest the ship to secure your recovery, call me as well. Not arresting the ship while it is in the United States, and before the 3 year statute of limitations runs, could be malpractice.