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CASE LAW I. IN GENERAL A. General Principles B. Other Remedies 1. Traditional Maritime Remedies 2. Federal Law Remedies 3 Remedies by State Law C. Foreign Involvement 1. In General 2. Place of Injury 3. Flag or Ownership of Vessel a. In General b. Foreign Ownership c. Foreign Vessels with American Interests 4. Nationality of Seaman 5. Other Factors II. PERSONS ABLE TO RECOVER A. Seamen 1. General Principles a. In General b. Status as Seaman 2. "Vessel in Navigation" a. In General b. Status of Vessel c. Particular Vessels 3. Particular Seamen B. Representatives of Seamen III. EMPLOYMENT A. In General B. Particular Entities as Employers C. In Course of Employment IV. NEGLIGENCE A. In General B. Vicarious Liability 1. In General 2 Particular Acts of Crew C. Circumstances of Injury 1. Assault a. In General b. Assaults Among Crew & Officers 2. Improper Supervision a. In General b. Particular Acts 3. Medical Care 4. Particular Properties of Vessel & Dock 5. Other Circumstances V. DEFENSES A. Seaman's Conduct 1. Comparative Negligence 2. Assumption of Risk 3. Particular Circumstances B. Release C. Limitations of Actions 1. Statutory Limitations 2. Laches D. Collateral Estoppel & Res Judicata E. Limitation of Liability F. Other Defenses VI. DAMAGES A. In General B. Damages for Injury 1. Elements of Damages 2 Award Deductions C. Wrongful Death 1. Elements of Damages 2. Computation of Award VII. PRACTICE & PROCEDURE A. State Court Actions B. Jurisdiction 1. In General 2. Bases of Jurisdiction C. Venue 1. In General 2. Bases of Venue 3 Forum Non Conveniens D. Election of Remedies 1. In General 2. Particular Remedies E. Institution of Action F. Pleadings and Motions 1. Complaint 2. Answer 3. Motions G. Removal and Remand H. Discovery I. Jury 1. Right To Jury Trial 2. Submission of Issues J. Evidence 1. In General 2. Plaintiff's Burden of Proof 3. Defendant's Burden 4. Admissibility K. Appeal and Review L. Settlement
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The information provided in these pages is intended to be preliminary
and informational ONLY. It is not legal advice by
Hawaii Injury Lawyer | Attorney
nor may it be relied upon as such. The use of the
Hawaii Injury Lawyer- Explosion webpages does not establish an attorney-client relationship. This page is Copyright 
1999-2005 by William H. Lawson.
All rights reserved. Its contents are the property of William H. Lawson- Hawaii Injury Lawyer | Attorney- Explosion, Demolition and BlastingWe thank you for visiting our site! |
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It should be noted, however, that there are exceptions to this rule- for example, claims
against the City and County of Honolulu and the various other Counties must be filed with the appropriate agency
within six (6) months of the date of the accident. In many explosion accident
cases, the claim deadlines of other jurisdictions come into play and choice of law
rules may shorten the deadlines to one year or another length of time. Whatever
the deadlines may be, you must file your claims in
court prior to the expiration of such deadlines, or your
claims may be lost—regardless of their merit.
To be wise it is recommended that you immediately contact an attorney
after an explosion, demolition & blasting accident giving rise to injuries occurs. If you wish to
do so now, please do not
hesitate to contact us here at
Hawaii Injury Lawyer | Attorney right now for a free evaluation of your case.