Mr.  Charles R. Lipcon

Mr. Charles R. Lipcon

Lipcon, Margulies, Alsina & Winkleman, P.A.
  • Appeals & Appellate, Maritime, Personal Injury
  • Florida
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Summary

We have been representing passengers and crew injured on ships since 1971. We focus on maritime and admiralty personal injury claims against cruise lines and other boat owners worldwide.

Our Areas of Practice include:
Costa Concordia Lawsuits
Admiralty & Maritime Law
Cruise Ship Accidents & Claims
Cruise Ship Sexual Assault
Cruise Passenger Disappearances
Seaman's Claims
Shore Excursions
Boating Accidents
Class Actions
Personal Injury & Wrongful Death
Catastrophic Injuries
Limb Loss & Amputations
Impaired Vision & Blindness
Traumatic Brain Injuries
Burn & Scald Injuries
Paralysis and Spinal Cord Injuries
Airplane Accidents
Automobile Accidents
Bicycle & Motorcycle Accidents
Unsafe Products
Commercial Torts
Class Actions

Practice Areas
  • Appeals & Appellate
  • Maritime
  • Personal Injury
Additional Practice Areas
  • Boating Accidents
  • Cruise Ship Injury Law
  • Cruise Ship Rape
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
Florida
Professional Associations
Florida State Bar # 137942
Member
- Current
Publications
Websites & Blogs
Website
Website
Blog
Cruise Ship Law Blog
Legal Answers
2 Questions Answered

Q. Boarding a ship with out the permission of the Capt. is it illegal? and is it a act of piracy?
A: Yes, boarding a ship without the permission of the captain or an officer or crewmember designated by him is a violation of international maritime law. At the very minimum, the individual boarding the vessel without permission may be considered a stowaway, but in many countries, doing so qualifies as piracy and the guilty party may be subject to fines as well as imprisonment. However, when an individual boards a vessel for the purposes of saving a life, preventing a personal injury or property damage, they are not considered to be committing piracy.
Q. Can someone please help me...who is liable in a boating accident, the person operating the vessel, the owner, or both?
A: A) When a boating accident occurs, several people can be held liable for the incident, depending on what exactly caused the accident to occur in the first place, who was operating the vessel and where exactly the accident took place. If the accident occurred on navigable waters, meaning waters that are used for commerce or transportation purposes, then federal admiralty and maritime law could apply. If the accident occurred on non-navigable waters (a small lake, pond, etc.) then state laws apply. Federal maritime laws carry much more stringent penalties and can hold more people liable for one accident, whereas state laws often fail to properly prosecute individuals or companies and can resulting potentially negligent parties to escape responsibility. Aside from where the accident occurred, the next factor that must be established is the cause of the boating accident. If general negligence was to blame, such as speeding, boater inexperience, boating under the influence, etc., then the person who was actually operating the boat will hold primary responsibility for the incident but the owner may also still be held responsible depending on the particular facts involved. If the person operating the vessel was an employee of a company, such as a ferry boat operator, then the operator and the owner of the vessel may both be held liable for the incident, the owner being faulted for failure to properly educate their employees on maritime safety laws, for employing negligent operators or for allowing someone to operate their watercraft knowing they were not suitable pilots. When mechanical failure is to blame, if there was an issue with the vessel that was not foretold to the operator or undetectable to him, then the owner and the manufacturer are usually the ones that liability would fall upon.
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Contact & Map
One Biscayne Tower, Suite 1776
2 South Biscayne Boulevard
Miami, FL 33131
USA
Telephone: (305) 373-3016
Telephone: (305) 373-3016
Telephone: (305) 373-3016