Why You Can Legally Steal From a Sinking Ship

Video written by Ben Doyle

[samyakjainjss]

Now, I just need to find a place where sinking a ship is legal.

[fpnbrian]

~10 years ago while sailing in the Caribbean early one morning we came across a 32ft center console power boat drifting straight towards a bunch of rocks with no one onboard. We boarded the vessel and towed it to a nearby port where we were requested by the police to tow it to the next harbor. During that transit time the police had tracked down the owner and confirmed that someone had attempted to steal the boat overnight and when they couldn't start the engines they left it drifting. The police asked us if we intended to file a pure salvage claim as it would be 100% in our rights to do so, but informed us that to collect on it would require going to court and may take months or years before the money was awarded. Given the good weather and minimal risk and cost to ourselves (only cost us half a day of vacation), we estimated that we would not get much more than $3-4k in the end. The owner offered to put up a $500 tab at the bar and restaurant we were planning to go to that evening which worked out to a $100 tab for each of us and we happily accepted feeling it was a good enough value on top of the great story and fun memories of the event.

When we got to the restaurant that afternoon the staff were very curious why a local had given a bunch of sailors on vacation from the US a $500 tab, when we told them the story and told them that whatever was left on the tab that night they could keep as the tip, they declared that we were eating and drinking for free the whole night and gave us anything we wanted (and pocketed a nice $500 tip for themselves in the process). Needless to say the next morning was "rough", and I heard that someone had a security camera that allowed them to catch whomever tried to steal the boat, so it worked out well for everyone.

[Wolfy]

As a mariner this is fairly well explained. In fact most ships carry on the bridge a template contract for "pure salvage" called Lloyds Open Form, which has massive letters on the front cover "NO CURE, NO PAY". Lloyds Open Form is so standard that even oral agreement to terms and conditions of LOF is enough to stand in court as legal agreement.

[frederiknielsen]

Just wanted to clarify that the criteria of "voulentary" applies to both parties. You cannot just tow a random ship into port during a storm and claim salvage, if the ship didn't agree to it. Even if the ship was in actual peril, and you succeded in doing it.

[Distantshoreman]

you missed some of the more fun elements. Rules for shares of the prize can apply. The owner of the ship is entitled to the bulk of the money, but the captain gets the most shares of the remaining amount on down do the lowest sailor who gets a single share. The captain can award additional shares for gallantry if a crew member did something above and beyond that put their life at risk to cause the rescue to succeed. There was a supertanker in the mid Atlantic that caught fire and a Canadian supply ship came to its rescue. It pick up the crew in the water and then used its helicopter to land firefighting crews put out the blaze and then attached a tow line. They started taking it back to Ireland. Along the way they they were ordered back to Canada so they signed a contract with a tugboat company to transport their prize back to Ireland. They ended up being screwed by the tugboat and the vessel owner who cut a sidebar deal at a lower rate and the Canadian government didn't pursue it. They gave the sailors a bit of cash and said it was done. The Captain quit the navy and sued. His settlement was covered by an NDA...

[gjvnq]

In Brazil we have a similar rule about lost property. If you come across some valuable thing you cannot just take it for yourself but you can return it the original owner in which case you would be entitled to a fraction of the value of the thing and the costs of preserving the thing until the owner picks it up.
I don't recall any headlines of this being an issue probably because most lost stuff is either too cheap for a lawsuit to be worth it or the owner just offers to pay out of gratitude (this seems to be more common with emotional stuff like heirlooms and pets).

[captainevenslower]

A few years ago we broke down with our crappy little 25hp outboard engine on an inflatable boat maybe 1 mile off the coast of croatia. So we yelled at some other guy nearby with a similar setup if he could drag us home which he ofc did. So yeah pretty similar story, but I'm grateful he didn't demand our toolbox and 2 sandwiches afterwards.

[Seed]

Now I need to figure out how to sink ships…

[Croz]

There was an incident several years ago in the UK where a lot of cargo containers fell off a ship and washed up on a beach. Locals then "salvaged" the contents of many of these containers. In the end I do believe under UK maritime law it was considered "pure salvage" and those who had taken goods from these containers were entitled to a salvage fee of around 10% of the value of the goods. Which was a nice little bonus for a few lucky beachcombers who had managed to get something valuable out of a container.

[jobsteigstra]

It also works for airplanes. In 1983 a fighter jet from the RAF got lost and landed on a container vessel. The crew of the vessel was awarded 570 000 British pounds.

[HenryGK]

Now you just need to do a video explaining the legal differences between flotsam, jetsam, lagan and derelict cargo.

[bobbyfeet]

As an Italian American, I endorse the boat-driving joke. I'd note that Christopher Columbus was an Italian, but that really only helps your case.

[Lyarrah]

Ah, I see Ben's working through the list of rejected Crime Spree laws again.
Edit: in my defense, I said this before I finished watching it, and did not expect the Crime Spree reference at the end.

[SebAnders]

"It's legitimate salvage!" is the maritime version of "I'm a legitimate businessman!"

[jakerydont]

“At sea there is no such thing as weird behavior”

[thejudges]

Sam I loved the video! rarely does admiralty law get enough love. Two things I wanted to add. First marine peril does not have to be actual. Marine peril can just be the apprehension of peril, like in Markakis v. SS Volendam. This cases had a disabled cruise ship being towed in reasonably calm water to avoid shallow water and the Cuban navy. Second, the 6.4 million was not the final number. That was what the trial court ruled, later that number got reduced on appeal to 4.125 due to a whole re-evaluation of the rocket. see Margate Shipping Co. v. MV J.A. Orgeron. Keep making great videos!

[cassiemyersconcertvids]

This is very cool, Sam. Thank you for the legal advice.

[Cannibaer]

“At sea, there’s no such thing as weird behavior” sums up a ton of maritime traditions, laws and outfits.

[EpicgamerwinXD]

But as long as you’re not the one that caused said ship to sink, right?

[ThorRuneHansen]

My dad and my uncle did this many years ago. A pleasure craft had torn the moorings in a heavy wind, and they went out in a boat and towed it in. They got a certain percentage of the pleasure crafts value. The owner was quite angry to have to pay that, but otherwise the boat might have ended up in some rocks somewhere so that's real peril.