Yes, under United States federal maritime law, you can legally arrest or attach a vessel docked at PortMiami to secure payment for a maritime injury claim. However, whether you use a vessel arrest or a maritime attachment depends entirely on the legal nature of your claim and whether you hold a recognized maritime lien against that specific ship. If you are seeking professional guidance for your situation, connecting with a specialized Miami maritime accident lawyer can help you protect your rights from day one.
1. Arresting a Vessel (Rule C Action In Rem)
Under Rule C of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, you can physically arrest a vessel in rem (treating the ship itself as the defendant).
- The Requirement: To arrest a ship under Rule C, you must possess a valid maritime lien.
- Application to Injuries:
- If you are an injured crew member (seaman), you hold a powerful, recognized maritime lien for your Jones Act negligence, unseaworthiness, and maintenance and cure claims, allowing you to arrest the vessel.
- If you are an injured passenger, standard personal injury claims typically do not give rise to a traditional maritime lien under U.S. law. Therefore, a passenger generally cannot utilize a Rule C arrest unless a specific federal statute grants a lien for that type of harm.
2. Attaching a Vessel (Rule B Action Quasi In Rem)
If you do not hold a maritime lien (which is common for passenger injury claims or certain breach-of-contract disputes), you may still be able to seize a foreign ship using Rule B of the Supplemental Admiralty Rules.
- The Requirement: Rule B allows a plaintiff with a valid in personam maritime claim (such as a personal injury lawsuit against a shipowning company) to attach a defendant’s property—including their vessel—if the shipowner/defendant cannot be found within the district (the U.S. District Court for the Southern District of Florida, which covers Miami).
- How It Works: A Rule B maritime attachment serves a dual purpose: it establishes jurisdiction over an absent foreign corporate defendant and secures pre-judgment security (collateral) to ensure that if you win your injury lawsuit, funds are available to pay your judgment.
Insider Context: Miami Maritime Statistics & Practical Realities
As a premier global gateway, PortMiami hosts numerous foreign-flagged commercial vessels, cargo ships, and cruise liners registered under “flags of convenience” (such as the Bahamas, Panama, or Liberia).
- The High Stakes of Miami Waters: According to maritime safety and port analytics, South Florida handles a massive share of international maritime traffic, making the Southern District of Florida a frequent forum for high-stakes injury litigation.
- Corporate Defenses: Foreign shipowners and major cruise lines are well-versed in fighting vessel seizures. They frequently move quickly to post a letter of undertaking (LOU) or a surety bond to secure the release of the ship so it can maintain its sailing schedule. Once an LOU is posted by an insurer or protection and indemnity (P&I) club, the ship is released, and the litigation proceeds against that security.
Strengthening Your Claim: Relevant Brais Law Firm Resources
When pursuing complex remedies like vessel seizures or tackling major corporate defendants in Miami federal court, relying on established maritime insights is essential. Review these related resources from our firm to better understand your rights:
- For guidance on navigating jurisdiction and filing requirements in Miami, read our breakdown on Where Do I Have to File My Lawsuit From a Cruise Ship Accident?.
- If you are evaluating how liability is assigned following an incident on the water, review Navigating the Wake of Disaster: Who Can Be Held Liable For A Cruise Ship Accident?.
Take Action: Consult a Board-Certified Maritime Lawyer
Seizing a vessel via Rule B or Rule C is an aggressive, time-sensitive legal maneuver that requires strict compliance with federal admiralty rules, immediate drafting of verified complaints, and coordination with the U.S. Marshals Service.
If you or a loved one suffered a severe injury involving a vessel docked in Miami, do not wait. For expert guidance tailored to your case, connect with our team to explore your options.
If you’ve been injured offshore or at port, you need seasoned advocates who understand the intricacies of federal admiralty practice. Contact Brais Law Firm today at 800-499-0551 Brais Law to schedule your free, confidential consultation. We operate on a contingency fee basis—you pay no attorney fees or costs unless we successfully recover compensation for you.
Disclaimer: The information provided in this blog post is for general informational and educational purposes only and does not constitute formal legal advice. Maritime law is governed by complex federal statutes, international rules, and strict contractual or statutory limitations (such as short notice-of-claim windows and statutes of limitations). Viewing this content or contacting Brais Law Firm does not establish an attorney-client relationship. If you require legal assistance regarding a maritime injury or a vessel seizure in Florida or federal waters, please consult directly with a licensed, board-certified maritime attorney to protect your rights.
