The Laws of Marine Salvage
November 29, 2006
James T. "Jim" Shirley- New York
I. Savings ships - saving cargoes - saving lives - preventing environmental damage: all those are part of marine salvage, but there is more. The nature of the people who perform the work must be considered, and the law of marine salvage considers them all. It rewards them generously for displaying high professional standards of skill and integrity, and condemns them when their behavior falls short. The law of marine salvage provides generous financial rewards for conduct on water that on land would result in no legal obligation for payment. A person may come upon a burning house, rescue the occupants and assist in rescuing the furnishings and extinguishing the fire, but no one incurs any legal obligation to him as a result ofthose services. However, if he assists in saving the lives of those on board a burning ship, and saving cargo or the ship itself, he will have a maritime lien against the property he has saved, and will be entitled to bring suit against that property or its owner to have a court determine how much of the salved values should be paid to him. The court will treat him generously, and he will not be condemned for accepting that generosity.
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