The Limitation of Liability Act. The Limitation Act, 46 U.S.C. 30505-30511, allows a vessel owner and operator to limit liability for damage or injury, occassioned without the owner's privity or knowledge to the value of the vessel or the owner's interest in the vessel.
The proceeding in federal court, referred to as a limitation action, seeks to limit the shipowner or operator's liability to the value of the vessel after the maritime casualty.
In order to prevail in a limitation action, the shipowner must demonstrate that the casualty occurred without the owner's privity or knowledge. See Maritime Attorney Carlos F. Llinás recent publication on the Limitation Act.
If you are involved in a limitation action, contact us for a free consulation.