Desertion of seamen occurs when a sailor abandons their ship before the voyage is completed. This act is considered unlawful unless there is just cause for leaving, such as entering public service or being forced to leave due to mistreatment by the ship's captain. If a sailor deserts without valid reasons, they may be liable for damages and may lose previously earned wages.
The term "desertion of seamen" is primarily used in maritime law, which governs the rights and obligations of sailors and shipowners. Legal issues surrounding desertion can arise in various contexts, including:
Users may find it beneficial to utilize legal forms and templates available through US Legal Forms to address issues related to desertion effectively.
Here are a couple of examples of abatement:
Example 1: A sailor leaves their ship in port to take a job in public service. This action does not count as desertion.
Example 2: A sailor abandons their ship due to harsh treatment from the captain. In this case, the sailor is not liable for desertion. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Desertion Laws |
|---|---|
| California | Strict penalties for desertion without cause. |
| Florida | Allows for defenses based on mistreatment. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Desertion | Leaving a ship without permission or just cause. |
| Abandonment | Giving up rights or claims to the ship without intention to return. |
| Discharge | Formal release from duty, typically with consent. |
If you are a sailor facing potential desertion claims, consider the following steps:
In complex situations, seeking professional legal advice is recommended.
Browse our library of 85,000+ state-specific legal templates.
You may face penalties, including loss of wages and liability for damages unless you have just cause.