MARITIME SALVAGE CLAIM

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IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

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[________________________________],
Plaintiff/Salvor,

v. Civil Action No. [________________]
IN ADMIRALTY

THE VESSEL M/V [________________________________],
her engines, tackle, apparel, furniture,
equipment, cargo, and freight, in rem,

and

[________________________________],
as owner of the M/V [________________________________],
in personam,
Defendants.

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COMPLAINT FOR MARITIME SALVAGE

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Plaintiff/Salvor, [________________________________] ("Salvor"), by and through undersigned counsel, brings this action for salvage and alleges as follows:

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I. NATURE OF THE ACTION

1. This is an admiralty action for salvage under general maritime law seeking an award for salvage services rendered to the vessel M/V [________________________________] (the "Salved Vessel"), her cargo, and freight.

2. This action is brought both in rem against the Salved Vessel and in personam against her owner.

3. Salvor invokes the admiralty and maritime jurisdiction of this Court and designates this as an admiralty case pursuant to Rule 9(h) of the Federal Rules of Civil Procedure.

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II. PARTIES

4. Salvor [________________________________] is a [☐ corporation] [☐ limited liability company] [☐ partnership] [☐ individual] [☐ professional salvage company] with its principal place of business at [________________________________].

5. Salvor is the owner/operator of the [☐ vessel M/V ________________] [☐ salvage equipment] used in the salvage operation.

6. Defendant [________________________________] ("Vessel Owner") is believed to be the owner of the Salved Vessel, with an address at [________________________________].

7. The Salved Vessel is described as follows:

a. Name: [________________________________]
b. Official Number: [________________]
c. Flag State: [________________________________]
d. Type: [________________________________]
e. Gross Tonnage: [________________]
f. Estimated Value: $[________________]

8. At the time of the salvage, the Salved Vessel was carrying cargo [☐ belonging to] [☐ consigned to] [________________________________], estimated to be worth $[________________].

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III. JURISDICTION AND VENUE

9. This Court has original and exclusive jurisdiction over this salvage claim pursuant to 28 U.S.C. § 1333(1).

10. Salvage claims have been recognized as within the exclusive admiralty jurisdiction of the federal courts since the founding of the Republic.

11. Venue is proper in this District because the salvage services were performed in this District and/or the Salved Vessel is located in this District.

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IV. THE MARINE PERIL

12. On or about [__/__/____], at approximately [____] hours, the Salved Vessel encountered the following marine peril at or near [________________________________]:

☐ a. Grounding on [________________________________]

☐ b. Collision with [________________________________]

☐ c. Fire in [________________________________]

☐ d. Flooding/taking on water

☐ e. Engine failure/mechanical breakdown

☐ f. Loss of steering/navigation

☐ g. Dangerous list/capsizing

☐ h. Storm/severe weather

☐ i. Abandonment by crew

☐ j. Drifting without power

☐ k. [________________________________]

13. The circumstances of the peril are described as follows:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

14. The peril was [☐ immediate and absolute] [☐ present and impending] [☐ reasonably apprehended], placing the Salved Vessel, her crew, cargo, and/or the marine environment at risk.

15. Had salvage services not been rendered, the probable consequences would have been:

☐ a. Total loss of the vessel

☐ b. Loss of cargo

☐ c. Loss of life

☐ d. Environmental damage

☐ e. [________________________________]

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V. THE SALVAGE SERVICES

16. Upon [☐ receiving a distress call] [☐ observing the peril] [☐ being contacted by ________________], Salvor proceeded to render assistance.

17. The salvage services commenced on [__/__/____] at approximately [____] hours and concluded on [__/__/____] at approximately [____] hours.

18. The salvage services rendered consisted of:

☐ a. Towing the Salved Vessel to a place of safety

☐ b. Refloating the Salved Vessel from a grounding

☐ c. Firefighting and fire suppression

☐ d. Pumping/dewatering

☐ e. Providing emergency repairs

☐ f. Providing crew/personnel

☐ g. Standing by to assist

☐ h. Transferring cargo

☐ i. Pollution prevention/environmental protection

☐ j. [________________________________]

19. In performing the salvage services, Salvor employed the following:

Resource	Description	Duration	Value
Vessel	[________________________________]	[____] hours	$[________]
Equipment	[________________________________]	[____] hours	$[________]
Personnel	[____] crew members	[____] hours	$[________]
[________]	[________________________________]	[____] hours	$[________]

20. The salvage services were successful in [☐ saving the vessel] [☐ saving the cargo] [☐ preventing environmental damage] [☐ preserving life] [☐ other: ________________].

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VI. ELEMENTS OF SALVAGE CLAIM

A. Marine Peril

21. As described above, the Salved Vessel was in marine peril within the meaning of salvage law.

B. Voluntary Service

22. The salvage services were rendered voluntarily by Salvor.

23. Salvor was under no pre-existing contractual or legal duty to render assistance to the Salved Vessel.

24. [If professional salvor] Although Salvor is a professional salvage company, Salvor was nevertheless a volunteer as Salvor had no prior contractual obligation to the Salved Vessel.

25. Salvor was not [☐ employed by the Vessel Owner] [☐ a member of the Salved Vessel's crew] [☐ obligated by charter party or other contract] to render assistance.

C. Success

26. The salvage services were successful in whole or in part.

27. As a result of Salvor's efforts:

☐ a. The Salved Vessel was saved from total loss;

☐ b. The cargo was preserved;

☐ c. The crew was rescued;

☐ d. Environmental damage was prevented or mitigated;

☐ e. [________________________________].

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VII. VALUE OF PROPERTY SAVED

28. The value of the property saved as a result of the salvage services is as follows:

Property	Value
Salved Vessel (post-salvage value)	$[________________]
Cargo saved	$[________________]
Bunkers/fuel	$[________________]
Pending freight	$[________________]
TOTAL VALUE SAVED	$[________________]

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VIII. FACTORS FOR SALVAGE AWARD

29. In determining the salvage award, the Court should consider the following factors under general maritime law and Article 13 of the 1989 Salvage Convention:

a. Value of property saved: $[________________]

b. Skill demonstrated by salvors: [________________________________]

c. Danger to the salved property: [________________________________]

d. Danger to salvors and salving property: [________________________________]

e. Time and labor expended: [________________________________]

f. Liability and risk incurred by salvors: [________________________________]

g. Promptness of services: [________________________________]

h. Value and condition of salving property: [________________________________]

i. Environmental protection efforts: [________________________________]

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IX. SALVOR'S MARITIME LIEN

30. Salvor has a maritime lien against the Salved Vessel, her cargo, and freight for the value of the salvage services.

31. The maritime lien attached at the moment the salvage services were rendered.

32. The lien has not been discharged, waived, or extinguished.

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X. DAMAGES AND EXPENSES

33. In addition to a salvage award, Salvor seeks recovery of the following expenses incurred in the salvage operation:

Item	Amount
Fuel consumed	$[________]
Equipment repair/replacement	$[________]
Personnel wages/overtime	$[________]
Insurance	$[________]
Supplies consumed	$[________]
[________________________________]	$[________]
TOTAL EXPENSES	$[________]

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XI. REQUEST FOR ARREST (In Rem)

34. Salvor requests that this Court issue a Warrant for the Arrest of the Salved Vessel pursuant to Supplemental Rule C to secure Salvor's maritime lien.

35. [If vessel not in district] Salvor is informed and believes that the Salved Vessel is expected to arrive in this District on or about [__/__/____].

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XII. PRAYER FOR RELIEF

WHEREFORE, Salvor respectfully prays that this Court:

A. Accept jurisdiction over this admiralty and maritime claim;

B. Issue a Warrant for the Arrest of the Salved Vessel, her engines, tackle, apparel, furniture, equipment, cargo, and freight;

C. Adjudge and decree that Salvor is entitled to a salvage award;

D. Award Salvor a salvage award in the amount of $[________________], or such amount as the Court deems just and equitable under the circumstances;

E. Adjudge that Salvor has a valid maritime lien against the Salved Vessel and cargo;

F. Award Salvor pre-judgment and post-judgment interest;

G. Award Salvor costs of suit;

H. Order the sale of the Salved Vessel if the salvage award is not satisfied; and

I. Grant such other and further relief as the Court deems just and proper.

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Respectfully submitted,

[________________________________]
Attorney for Salvor
Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Date: [__/__/____]

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VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state:

1. I am the [☐ Salvor] [☐ an authorized representative of Salvor] in this action.

2. I have read the foregoing Complaint and know the contents thereof.

3. The statements contained in this Complaint are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

______________________________________
[Signature]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public

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PRACTICE NOTES

Three Elements of a Salvage Claim:
1. Marine Peril - The property must have been in danger
2. Voluntary Service - The salvor must have acted voluntarily, not under duty
3. Success - The salvage effort must have been successful, in whole or in part

"No Cure, No Pay" Principle:
If the salvage is unsuccessful, no award is given. The salvor bears the risk.

Professional Salvors:
Professional salvors may claim salvage awards; they are still "volunteers" when responding to casualty calls.

Salvage Contracts:
Many salvage operations are performed under contract (e.g., Lloyd's Open Form). Contract terms may override common law salvage rights.

Statute of Limitations:
Article 23 of the 1989 Salvage Convention provides a two-year limit for salvage claims.

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SOURCES AND REFERENCES

• Law of Salvage: https://en.wikipedia.org/wiki/Law_of_salvage
• Cornell Law - Salvage Primer: https://www.law.cornell.edu/background/amistad/salvage.html
• Marine Salvage Law Overview: https://www.boatlaw.com/admiralty-and-maritime-law/maritime-salvage/