Freedom of the Seas Law Principle Explained

Navigating Justice and Upholding the Rights of Injured or Killed Crew Members at Sea

Since opening our doors in 1971, Lipcon, Margulies & Winkleman, P.A. has been a trusted advocate for victims of maritime and boating accidents. With over 3,000 cases successfully handled and more than $500 Million recovered for our clients, we have built a reputation for excellence in maritime law.

Our firm is proud to celebrate the achievements of Charles Lipcon (2020) and Jason R. Margulies (2025), both of whom earned the prestigious title of “Lawyer of the Year” in Admiralty and Maritime Law for Miami. This lifetime accolade underscores the dedication and expertise that define our practice and highlights our deep understanding of the complex principles that govern maritime law.

One such foundational principle is the “Freedom of the Seas.” This critical concept has shaped international maritime practices for centuries, ensuring that the oceans remain open and accessible for navigation, trade, and exploration. As leaders in maritime law, Lipcon, Margulies & Winkleman, P.A. is uniquely positioned to advocate for clients whose rights are impacted by this principle.

Introduction to the Freedom of the Seas Principle

The Freedom of the Seas principle is a cornerstone of international maritime law, asserting that the world’s oceans are open to all nations for navigation and commerce. This concept dates back to the 17th century when Dutch jurist Hugo Grotius introduced it in his seminal work, Mare Liberum (The Free Sea). Grotius argued that no single nation could claim sovereignty over the high seas, as they were a shared resource meant for the benefit of all humanity.

This principle has since become a fundamental tenet of maritime law, promoting free trade, international cooperation, and the peaceful use of the oceans. It ensures that ships from all nations can navigate international waters without interference, provided they adhere to established laws and regulations.

How We Leverage Our Experience in the Freedom of the Seas Principle

As a leading maritime law firm, Lipcon, Margulies & Winkleman, P.A. is dedicated to upholding the principles of maritime law, including the Freedom of the Seas. Our attorneys have extensive experience handling cases involving cruise ship accidents, maritime injuries, and unlawful practices at sea.

Negligence by Ship Operators

At Lipcon, Margulies & Winkleman, P.A., we understand the critical importance of safety on the high seas. When cruise lines and shipping companies fail to uphold their duty of care, the consequences can be devastating for passengers and crew alike. Our dedicated team works tirelessly to ensure that these operators are held accountable for unsafe conditions or reckless behavior that leads to injuries or accidents. We investigate each case thoroughly, gathering evidence and expert testimony to build a strong case against negligent operators, advocating for the compensation our clients deserve.

Passenger Rights Violations

We take great pride in protecting the rights of passengers who have been injured or mistreated while at sea. Our firm recognizes that when individuals embark on a cruise or maritime journey, they place their trust in the hands of the operators to provide a safe and enjoyable experience. Unfortunately, violations of passenger rights can occur, ranging from inadequate medical care to wrongful detainment or discrimination. We are committed to standing up for those who have faced such injustices, ensuring that their voices are heard and their rights are upheld. Our experienced attorneys work diligently to navigate the complexities of maritime law, helping clients seek justice and fair compensation for their suffering.

Our firm’s deep understanding of maritime law and commitment to justice make us a trusted ally for clients seeking to assert their rights under the Freedom of the Seas principle.

Our Firm’s Contributions to Upholding the Freedom of the Seas Principle in Maritime Law

Over the years, we’ve made significant contributions to the field of maritime law, including cases that have upheld the principles of the Freedom of the Seas. Just a few notable examples include:

$6,100,000 for a Crewmember Death Claim

The plaintiff claimed that the defendant Sky Cruises (also known as Sea Escape) improperly operated its sewage treatment system on board the passenger ship Scandinavian Sky in violation of Coast Guard regulations, so that it produced poisonous gases, hydrogen sulfide, and methane. When the decedent crewmember was ordered to do repair work on the system it resulted in a leak of raw sewage that filled the work area knee high. In addition, poison gas caused the crewmember to become unconscious within 10 to 15 seconds and then die. The incident resulted in the death of four crewmembers and injury to three other workers. While the defendant claimed that the accident was unavoidable, our lawyers fought and proved otherwise.

$3,600,000.00 for a Crewmember Asbestos Claim

The plaintiff, a shipboard electrician from Italy, worked aboard Carnival Cruise Line ships from 1985 through 2000 and was diagnosed with lung cancer in 2001. During the earlier part of his career with Carnival, the Plaintiff worked aboard four steamships which, according to one of Carnival’s former chief engineers, had asbestos all over the engine room and machine spaces – where the Plaintiff worked daily. Shortly before and after the death of the Plaintiff, an occupational physician and a pathologist opined that the Plaintiff’s cancer was related to asbestos exposure which occurred 10 – 15 years earlier. The case went to trial after 9 years of hard fought discovery and pre-trial motions and culminated in a 9 day trial, following which the jury deliberated for 3.5 hours and awarded the plaintiff $10.3 million dollars and found that he was 65% comparatively negligent for having smoked over 20 years before his death.

These case results reflect the expertise and dedication of Lipcon, Margulies & Winkleman, P.A. in handling complex maritime and boating injury cases. Our firm’s proven track record of success demonstrates their ability to secure justice and substantial compensation for their clients.

Protecting Crewmember Rights Under the Freedom of the Seas Principle

The Freedom of the Seas principle is integral to our mission at Lipcon, Margulies & Winkleman, P.A. as we advocate for injured or killed crew members. This principle underscores the notion that the seas are a shared space, where all individuals, regardless of their nationality, have the right to navigate freely and safely. When crew members are harmed due to negligence or unsafe practices aboard vessels, it represents a violation not only of their rights but also of the fundamental principles of maritime law that protect all who work at sea. We work with international organizations, such as the International Maritime Organization (IMO) to enforce treaties and standards which make ships safer for all workers and passengers.

In our fight for justice, we leverage the Freedom of the Seas principle to emphasize that crew members deserve safe working conditions and fair treatment while performing their duties on international waters. This principle supports our argument that maritime operators must adhere to strict safety standards and regulations, ensuring that their vessels are maintained and operated responsibly. When these standards are ignored, leading to injuries or fatalities, we hold these operators accountable for their actions.

The Freedom of the Seas principle reinforces the legal framework that allows us to pursue claims on behalf of injured crew members. It establishes the rights of maritime workers to seek compensation for their injuries, regardless of the circumstances under which they occurred. By advocating for crew members under this principle, we aim to uphold their rights and ensure that they receive the justice and compensation they deserve for the harm they have suffered while working on the high seas.

If you or a loved one has been injured in a maritime or boating accident, don’t hesitate to reach out to our team. Contact us today through our secure online form or call us at 877-233-1238 to schedule a no-cost, risk-free consultation. Let us put our experience to work for you and help you achieve the justice and compensation you deserve.