How the Limitation of Liability Act Affects Injured Maritime Workers

If you’ve been injured while working offshore or aboard a vessel, you probably expect your employer or the vessel owner to take responsibility and cover your medical bills, lost wages, and other damages. Unfortunately, many maritime workers are shocked to discover that vessel owners have a powerful legal tool at their disposal to limit what they owe you — even when their negligence played a role in your injury.

That tool is the Limitation of Liability Act (LOLA), a law often used to shield wealthy vessel owners from paying full compensation to injured workers and grieving families.

If you or a loved one has been hurt in a maritime accident, understanding this law — and how to challenge it — can make the difference between walking away empty-handed or securing the compensation you deserve.

What is the Limitation of Liability Act?

The Limitation of Liability Act (LOLA) was passed by Congress in 1851, during a time when shipowners faced significant and unpredictable dangers at sea — pirates, storms, limited navigation technology, and no real-time communication. To encourage investment in shipping and maritime commerce, the Act allowed vessel owners to limit their financial liability after an accident to the value of the vessel and its cargo after the incident.

Fast forward over 170 years, and vessel owners are still using this law — but the world has changed dramatically. Today’s vessels are equipped with cutting-edge technology, modern safety protocols, and constant communication. Yet, the law still allows owners to attempt to cap their liability, often to amounts far below what an injured maritime worker needs to recover and rebuild their life.

How Does It Work?

After a maritime accident — whether it involves a crew injury, collision, or even a wrongful death — a vessel owner can file a petition in federal court under LOLA. This petition essentially asks the court to:

1. Limit the owner’s liability to the post-accident value of the vessel (which could be minimal or even zero if the vessel was destroyed).
2. Consolidate all potential claims into a single federal case, forcing injured parties to participate on the owner’s terms.
3. Pause or prevent lawsuits from proceeding in state courts where injured workers might otherwise have stronger legal protections.

How Vessel Owners Use LOLA to Avoid Paying Injured Workers

Once a LOLA petition is filed, the burden shifts to injured maritime workers to prove the vessel owner’s fault or show that the owner had knowledge of the dangerous conditions leading to the accident. Without strong legal support, injured workers and their families can be left fighting an uphill battle, facing:

• Delays in receiving compensation.
• Complex federal court procedures they might not understand.
• The risk of walking away with only a fraction of what they deserve, if anything at all.

How Injured Maritime Workers Can Challenge LOLA Claims

The good news is that the Limitation of Liability Act isn’t a guaranteed shield. It has weaknesses, and an experienced maritime lawyer knows exactly how to exploit them.

To successfully defeat a Limitation of Liability defense, injured workers (and their attorneys) must show one or more of the following:

1. Negligence at the Management Level: If the vessel owner or upper management knew about unsafe conditions — such as faulty equipment, poor maintenance, or unsafe working environments — and did nothing to fix them, the court may deny the limitation.
2. Unseaworthiness of the Vessel: Maritime law requires vessel owners to provide a seaworthy vessel. If the ship was not fit for its intended purpose due to poor maintenance, lack of safety equipment, or inadequate crew training, it opens the door to challenge the limitation.
3. Prior Knowledge of Dangerous Conditions: The Act’s protection applies only if the owner had no privity or knowledge of what led to the accident. Proving that the owner had direct or indirect knowledge of the hazards can nullify their LOLA defense.

Winning these cases isn’t easy — it requires thorough investigation, legal strategy, and a deep understanding of maritime law.

Why You Need an Experienced Maritime Lawyer to Fight LOLA Defense

When a vessel owner invokes the Limitation of Liability Act, it’s a deliberate attempt to minimize what they owe you after a serious injury or the loss of a loved one. Having an experienced maritime attorney in your corner is critical.

Time Limit on Protecting Your Claim

One of the biggest challenges injured workers face when a LOLA petition is filed is time. Once the vessel owner initiates the process, you have a limited window to respond and protect your claim. Miss key deadlines, and you risk losing your chance to pursue the compensation you need.

What an Experienced Maritime Lawyer Brings to the Table:

• Deep Knowledge of Maritime Law: Not every attorney understands the ins and outs of maritime law, let alone how to counter LOLA defenses. Our firm focuses on maritime cases, giving us the specialized knowledge necessary to challenge these petitions effectively.
• Strategic Evidence Gathering: We know where to look for the proof that vessel owners often try to hide. Our goal is to show the court that the vessel owner knew about the risks and failed to act.
• Courtroom Experience: LOLA cases often play out in federal courts, which have their own rules and procedures. We have decades of experience navigating these courts, and we know how to present compelling arguments to judges and juries alike.
• Maximizing Your Recovery: We fight not just to defeat the limitation of liability but to ensure you receive every dollar you’re entitled to.

Don’t Let Vessel Owners Limit Your Rights — Fight Back

The Limitation of Liability Act may be an old law, but vessel owners continue to use it as a modern tool to avoid paying injured maritime workers and their families what they truly deserve. They move quickly to protect their interests — you need to move just as fast to protect yours.

At Lewis, Kullman, Sterbcow & Abramson, LLC, we have spent decades standing up to vessel owners and holding them accountable. Contact us today for a free consultation. Let us help you navigate these complex legal waters and get the justice you deserve.