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LIMITATION OF LIABILITY ACT
The maritime Limitation of Liability Act, 46 U.S.C. §§181 – 196 (“Limitation Act” or “LOLA”), is one of the most powerful, and most misunderstood, doctrines in maritime law. The Limitation Act essentially allows a vessel owner, in a recreational boating or commercial vessel setting, to limit its liability after a maritime incident or casualty to the post casualty value of the vessel and the pending freight, except when the loss occurred due to its "privity or knowledge." 46 U.S.C. App. §183(a). Substantively, defending claims based on the privity and knowledge standard requires an admiralty practitioner familiar with the maritime negligence and unseaworthiness standards. Procedurally, knowing when to raise the LOLA defense, and what pleadings to use to maintain such a complex defense, are commonly and unfortunately overlooked by those unfamiliar with this peculiar area of law. The team of maritime defense attorneys at Sioli Alexander Pino have the substantive and procedural maritime knowledge to properly formulate, raise, and maintain the most advantageous Limitation Act defenses for you or your insured.