Best Admiralty & Maritime Lawyers in Maspalomas

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Founded in 2017
5 people in their team
English
Mérita Legal, led by Dunia Cubas Diaz, is a Canary Islands based boutique law firm with more than twenty years of professional experience across civil law, family law, criminal law and international law, and a strong specialization in Real Estate and common property matters. The firm has built a...
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1. About Admiralty & Maritime Law in Maspalomas, Spain

Admiralty and Maritime law governs disputes and issues arising from navigation, shipping, salvage, marine injuries, and commercial activity at sea and in ports. In Maspalomas, Gran Canaria, residents and businesses interact with vessels, cruise ships, fishing boats, and water sports operators within the Canary Islands maritime framework. Local courts apply national Spanish maritime statutes alongside EU and international rules. This area of law covers civil liability for collisions, ship arrests, cargo claims, crew rights, salvage charges, and port regulations.

Understanding the basics helps you decide when you need specialist legal counsel. Maritime matters often involve technical terms, specialized procedures, and time-sensitive claims. An experienced maritime solicitor or attorney in Maspalomas can translate complex rules into practical guidance and help you protect your rights efficiently.

2. Why You May Need a Lawyer

  • Cruise ship or charter boat incident in Gran Canaria - A passenger or crew member injured during a port call or tender operation may need to pursue compensation or determine fault under Spanish maritime law and applicable insurance. A maritime attorney can identify applicable limits of liability and coordinate with carriers, insurers, and local authorities.
  • Collision or grounding near Playa del Inglés or into the port - If a vessel collides with a tourist craft, fishing boat, or a moored vessel, you may face liability, salvage charges, or claims for damages. Legal counsel helps assess fault, preserve evidence, and pursue or defend liability actions.
  • Salvage, towage, orTow or Demurrage disputes - Salvage claims or demurrage charges arising from work in the Las Palmas or nearby harbours require specialized rules on maritime liens and payment priorities. An attorney can negotiate or litigate these claims with shipowners or salvors.
  • Charter party or commercial maritime contract disputes - If you operate a charter boat or engage in a cargo or passenger contract in the Canaries, disputes over terms, breach, or performance can become complex. A lawyer helps interpret charter terms, exercise termination rights, and recover damages.
  • Coastal land and port regulations affecting a waterfront business - The Canary Islands regulate coastal access, mooring, and port use. A lawyer can advise on compliance, applications for permits, and injury or property claims arising from port infrastructure.
  • Maritime workers or seafarer rights questions - Crew wage disputes, repatriation, or injury compensation involve specific maritime protections and procedures. A qualified maritime attorney can guide you through the required steps and authorities.

3. Local Laws Overview

Ley 14/2014, de 24 de julio, de Navegación Marítima (LNM)

This is the central Spanish statute governing civil maritime activities, including navigation, ship ownership, and liability for damages at sea. It defines the rights and duties of shipowners, charterers, and seafarers, and it provides procedures for maritime claims and enforcement. The law has been in force since 24 July 2014, with amendments to clarify liability, salvage, and insurance aspects.

Understanding LNM is essential for claims involving ships, cargo, and collisions. In Maspalomas, this law guides how maritime disputes are handled in local courts and in relation to port authorities. For residents and businesses, knowing the scope of LNM helps determine when to involve a maritime lawyer early in a dispute.

Ley 22/1988, de 28 de julio, de Costas

The Ley de Costas regulates coastal protection and access to the shore, including the seaward limits of properties and public coastline use. It remains a key framework for disputes involving coastal property, moorings, and public coastal resources. The Canary Islands context adds specific regional applications to this national regulation.

Coastal area issues in Maspalomas, such as encroachments or construction near beaches, often turn on Ley de Costas rules. A maritime attorney can explain how coastal regulations interact with marina leases, pier rights, and any required authorizations from local authorities.

Código Civil y Código de Comercio (maritime matters)

Spain relies on the civil and commercial codes for several maritime issues, including contracts of carriage, bills of lading, and liability in marine commerce. While not exclusively maritime law, these codes frequently govern disputes arising from shipping, cargo damage, and commercial maritime agreements in the Canaries.

In Maspalomas, a practitioner will typically combine LNM provisions with Civil and Commercial Code concepts to resolve claims involving cargo, contracts, and damages. This integrated approach aligns with how local courts handle maritime cases.

4. Frequently Asked Questions

What is Admiralty and Maritime law in Spain?

Admiralty and Maritime law covers disputes connected to navigation, shipping, vessel injuries, cargo, and port operations in Spain. It blends national laws with EU and international standards.

How do I start a maritime injury claim in Maspalomas?

Document injuries, collect witness and medical records, notify the ship operator or port authority, and consult a Maspalomas maritime lawyer promptly to preserve claims and deadlines.

When should I hire a maritime lawyer in Gran Canaria?

Hire if you face collision liability, salvage charges, charter disputes, or a need to file a claim in court or arbitral forum. Early advice improves evidence preservation.

Where can I report a maritime incident in the Canary Islands?

Report to the local port authority or Capitanía Marítima in Las Palmas, depending on the vessel and incident type. They coordinate safety and post-incident steps.

Why do I need a specialist for a cruise ship dispute?

Cruise disputes involve passenger rights, contracted terms, and international insurance coverage. A maritime solicitor understands the applicable regimes and insurer requirements.

Can I pursue salvage or towage charges in Maspalomas?

Yes, if you were involved in salvage or towage operations and there is a dispute about charges, liability, or priority of payment under maritime law.

Should I settle a collision claim out of court?

Settlement can control costs and timelines, but you should have a lawyer review any offer to ensure it reflects full liability, damages, and insurance considerations.

Do I need to appear in court for a maritime claim in Las Palmas?

Some cases are resolved in district or provincial courts, while others may use arbitration or mediation. A lawyer will identify the proper forum and prepare accordingly.

Is there a prescription period for maritime claims in Spain?

Yes. Maritime claims have prescribed periods under Spanish law. Your attorney can identify the correct deadline based on the claim type and facts.

How much does a maritime attorney typically charge in Gran Canaria?

Fees vary by case type, complexity, and outcomes sought. Expect a mix of retainer, hourly rates, and success-based arrangements after an initial consultation.

What is the difference between a charter party dispute and a cargo loss claim?

A charter party dispute concerns terms and performance of a charter agreement, while cargo loss involves damage or shortage of goods during carriage or storage.

Do I need local representation for a dispute involving a Canary Islands port?

Local representation helps with procedural steps in Maspalomas, familiarity with port authority practices, and moving your case through the local court system.

5. Additional Resources

  • Gobierno de Canarias - Canary Islands government portal for regional regulatory guidance and port-related matters. https://www.gobiernodecanarias.org
  • Ministerio de Justicia - Spanish national justice ministry with maritime law information and court procedures. https://www.mjusticia.gob.es
  • International Maritime Organization (IMO) - Global maritime safety and environmental standards, including SOLAS and MARPOL guidance. https://www.imo.org
According to the International Maritime Organization, SOLAS and MARPOL remain foundational for safety and environmental standards on ships.

Source: IMO

6. Next Steps

  1. Clarify your issue and goals in writing. Note dates, parties, and affected assets or people. This helps a lawyer assess jurisdiction and strategy within 1-2 days.
  2. Collect all documents related to the incident or contract. This includes contracts, bills of lading, invoices, communications, and photos. Allow 1 week for gathering materials.
  3. Identify Maspalomas or Gran Canaria maritime lawyers with relevant experience. Schedule initial consultations within 1-3 weeks of gathering documents.
  4. Prepare questions for consultations. Focus on liability, timelines, costs, and potential remedies. Bring your documents to each meeting.
  5. Discuss potential forums and remedies. Determine whether court, arbitration, or mediation is most appropriate for your case. This step typically occurs within 1-2 weeks after initial meetings.
  6. Agree on a budget and retainer. Confirm fee structures, expected costs, and how expenses are billed. Expect a written engagement letter before work begins.
  7. Begin formal representation and establish a timeline. Your attorney will file claims, respond to defenses, and coordinate with authorities and insurers. Timelines vary by case type but initial filings often occur within 2-6 weeks of engagement.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.