Quantcast Measure of Damages - 14134_332

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Excluded Classes of Claimants - 14134_331
Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
Nonscope Claims - 14134_333
SCOPE OF LIABILITY The federal government has assumed extensive liability  for  personal  injuries,  death,  and  property damage caused by naval vessels or incident to naval maritime activities. Examples of the specific types of losses  that  give  rise  to  admiralty  claims  include incidents such as the following: l l l l l l l l Collisions Swell wash and wake damage Damage to commercial fishing equipment, beds, or vessels Damage resulting from oil spills, paint spray, or blowing tubes Damages or injuries to third parties resulting from a fire or an explosion aboard a naval vessel Damage to commercial cargo carried in a Navy bottom Damage caused by improperly lighted, marked, or placed buoys or navigational aids for which the Navy is responsible Personal  injury  or  death  of  civilians  not employed   by   the   federal   government (longshoremen,  harbor  workers,  and  passengers) EXCLUSIONS  FROM  LIABILITY Certain  categories  of  persons  are  prevented  from recovering under an admiralty claim for personal injury or death incurred incident to maritime activities. Such potential  claimants  arc  compensated  under  other statutes. Such  excluded  claimants  include  the following: . Military personnel cannot recover for personal injury, death, or property damage resulting from the negligent operation of naval vessels, except when they are injured or killed while aboard a privately owned vessel that collides with a naval vessel. .  Civil  service  employees  and  seamen  aboard Military  Sealift  Command  vessels  are  limited  to compensation   under   the   Federal   Employees’ Compensation Act, 5 U.S.C. § 8101-8150 (1982), for personal injury or death. MEASURE OF DAMAGES A survey of damaged property is required in all collisions  and  any  other  maritime  incidents  involving potential  liability  for  property  damage.  Surveys  have been  customary  in  admiralty  law  and  are  intended  to eliminate  burdensome  and  difficult  questions concerning proof of damages. Section 1210 of the  JAG Manual  has  an  extensive  discussion  of  survey procedures. In  personal  injury  cases,  medical  examinations  are required for all injured persons. The function of the medical examination is similar to that of the property damage  survey. The Secretary of the Navy is authorized to settle admiralty claims up to $1,000,000, Amounts in excess of that must be certified to Congress for appropriation. Certain other officials in the Department of the Navy are authorizcd  to  settle  admiralty  claims  for  smaller amounts. STATUE  OF  LIMITATIONS Suits in admiralty must be filed within 2 years after the incident on which the suit is based. Unlike the statute of limitations rule under the FTCA, filing an admiralty  claim  with  the  Department  of  the  Navy  does not toll the running of this 2-year period. Nor can the government  administratively  waive  the  statute  of limitations  in  admiralty  cases.  If  the  admiralty  claim cannot be administratively settled within 2 years after the incident, the claimant must file suit against the government to prevent the statute of limitations from running. PROCEDURES The procedures for investigating and adjudicating admiralty claims are explained in sections 1204-1216 of the JAG Manual.  For purposes of this brief introduction to  admiralty  claims,  the  following  procedural  aspects are most significant. The   most   critical   command   responsibility   in admiralty cases is to  immediately notify JAG and an appropriate  local  judge  advocate  of  any  maritime incident that might result in an admiralty claim for, or against,  the  government. Section 1204 of the  JAG Manual  gives  details  concerning  the  requirement  for immediate  reports. Because of the highly technical, factual, and legal issues that may be involved in an admiralty casa, it is absolutely vital that the Admiralty 12-24

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