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The Law Office of |
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| MARK C. MANNING, P.C. |
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SALVAGE PRIMER Following the opening of the road to Whittier, unattended skiffs, inflatables and other craft and property will likely be found more frequently floating in Prince William Sound. Many finders will wonder what rights to ownership or compensation they may have once they have rescued the craft or other property. The answer will usually be found in the law of salvage. Salvage occurs when a salvor’s efforts are successful, in whole or in part, in rescuing a vessel or other maritime property facing a marine peril from risk of loss, destruction or deterioration. "Maritime property" has been interpreted broadly to include money on a floating corpse, floating logs and seaplanes, in addition to vessels and cargo. Accordingly, almost any kind of property rescued from navigable water may be subject to a salvage claim. A valid salvage claim requires that the salvage service have been rendered voluntarily. It must not have been required by duty or contract. Consequently, Coast Guardsmen and personnel in other public safety agencies commonly may not claim salvage for rescues effected while on duty. The common waterfront belief that salvage cannot be claimed unless a line is put onto the rescued vessel is not correct. Depending on the circumstances, a salvor who does nothing more than stand off and arrange by VHF for a tow or for some other resolution by a third party of an impending marine peril may successfully claim salvage. Usually, a successful salvor is only entitled to compensation for his effort. Successful salvage does not entitle the salvor to ownership, unless ownership of the property has been abandoned by its owner. Abandonment is usually difficult to prove, unless the owner has done so explicitly. No set schedule fixes salvage awards. If the parties are unable to agree on a figure, a court could set an amount after considering the time and labor the salvor expended, his promptitude, skill and energy, the value of and risk presented to the salvor’s property used in the effort, the value of the property salved, and the degree of danger from which the property was rescued. The right to appropriate compensation is secured by an automatic maritime lien on the property salved. Salvage claims are governed by a federal two-year statue of limitations. To avoid an expensive "pure salvage" claim, the owner of imperiled maritime property should try to negotiate a salvage contract fixing the amount of compensation, before salvage occurs. Of course, whether to claim salvage at all after extending the courtesy
of a rescue is a matter for each boat owner to determine under the
circumstances. But the availability of a salvage claim might motivate an
otherwise reluctant recipient of salvage services to reimburse the salvor
for any damage and expense the salvor has incurred in the effort. |
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