Overview of Maritime – Admiralty – Marine Law

Claims arising out of defective vessels or equipment generally fall into two categories:

1) Products liability claims for injury to persons or property arising out of a dangerous or defective vessel or piece of the vessel’s equipment

2) Contractual and implied-in-law warranty claims against the manufacturer and seller of a vessel or equipment which is defective.

Possession of Premises

Within the context of premises liability, a person “possesses” land or premises when:

• The person is in occupation of the land with intent to control it;
• The person has been in occupation of land with intent to control it; or
• The person is entitled to immediate occupation of the land, if no other person is in possession as just defined.

Inadequate security or negligent security cases involve the failure of business proprietors, such as mall and shopping center operators, apartment and residential rental housing owners, hotels and motels, restaurants, pharmacies, bars, etc., to implement reasonable and ordinary security measures for the protection of their customers from crime when necessary for the protection of the customers.

The Bahamas 2014 Crime and Safety Report states the following about the Bahamas: 

“Rental of personal watercraft (jet skis) is very popular at many resorts and beaches. Visitors should use extreme caution and not operate such watercraft unless they are experienced in using them. Use of life jackets is highly recommended. The Embassy has seen numerous injuries as a result of not following proper safety instructions by the jet-ski operators.”