Maritime Law: Does It Govern Our Lakes?

Maritime law, also known as admiralty law, applies to activities at sea or on navigable waters, which include lakes, rivers, and wetlands. A navigable waterway is defined as a body of water that is subject to the ebb and flow of the tide, connects to international or continuous interstate waterways, or has navigable capacity. This means that lakes can fall under maritime law if they are used in interstate or international commerce, or if they cross state or national borders. Rivers are similar, as they fall under maritime law if they support foreign or interstate trade, or if they connect to a lake or other body of water that crosses borders.

What is maritime law?

Maritime law, also known as admiralty law, is a body of laws, conventions, and treaties that govern maritime business and other nautical matters. It includes both domestic law on maritime activities and private international law governing the relationships between private parties using ocean-going vessels.

Maritime law covers issues such as shipping, navigation, commerce, seamen, insurance, and piracy. It also regulates registration, licensing, and inspection procedures for ships, as well as maritime insurance and the transport of goods and passengers.

The key determinant of whether maritime law applies is whether the body of water is considered "navigable". A body of water is navigable if it experiences the ebb and flow of the tide, connects to a continuous interstate waterway, has navigable capacity, or is actually navigable.

The International Maritime Organization (IMO) ensures that international maritime conventions are up to date and develops new agreements as needed. The IMO's core conventions include the International Convention for the Safety of Life at Sea, the International Convention for the Prevention of Pollution from Ships, and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers.

In the United States, admiralty law is derived from the Judiciary Act of 1789 and Article III, § 2 of the U.S. Constitution. It extends to any waters navigable within the United States for interstate or foreign commerce, including lakes and rivers that meet the criteria for navigability.

Some examples of situations where maritime law might apply include commercial accidents involving seamen injuries and/or damage to vessels and cargo, recreational boating accidents, piracy, and insurance claims for ships or cargo.

What makes a lake navigable?

The key determinant of whether a lake is subject to maritime law is its navigability. A body of water is navigable if it is deep, wide, and calm enough for a vessel to pass through safely. It should also have sufficient under keel clearance for a vessel, with few obstructions such as rocks, reefs, or trees.

In the US, navigable waters are defined as those that are subject to the ebb and flow of the tide, and those inland waters that are used or have been used to transport interstate or foreign commerce. This includes all lakes, rivers, and streams capable of supporting a vessel carrying one or more persons for six months in one out of every ten years.

Navigable waters are also those that connect to international or continuous interstate waterways. The Great Lakes, for example, are navigable because they cross US and Canadian borders and support trade. Rivers that do not cross borders may still be considered navigable if they connect to a body of water that does.

The determination of navigability is not always clear-cut, and there are grey areas when it comes to the application of maritime law. For instance, while most lakes need to cross a border to be deemed navigable, there are exceptions. In New York State, for instance, waterways that are 'navigable-in-fact' are considered public highways, even if they are on private land.

What are the consequences of a lake being deemed navigable?

The consequences of a lake being deemed navigable can be significant and vary depending on the specific jurisdiction and circumstances. Here are some key consequences to consider:

Application of Maritime Law

The most significant consequence is that navigable lakes fall under the scope of maritime law, also known as admiralty law. This body of law includes various statutes and regulations, such as the Jones Act, Death on the High Seas Act, and the Longshore and Harbor Workers' Compensation Act. Maritime law can govern incidents, accidents, and disputes that occur on or involve navigable waters. It covers a range of issues, including injuries, vessel and cargo damage, transportation of goods and passengers, vessel safety, and maritime insurance.

Jurisdiction

The determination of whether a lake is navigable can impact the jurisdiction of legal cases arising from incidents on that lake. Cases involving navigable waters may be heard in federal court, whereas state courts typically handle cases involving non-navigable waters. This distinction is crucial as the rules and procedures in federal and state courts can differ significantly.

Public Access and Navigation Rights

Navigable lakes are generally considered public waterways, and the public has the right to navigate and use these waters for transportation, commerce, and pleasure boating. This can lead to disputes between private property owners and the public regarding access and use restrictions.

Property Ownership and Boundaries

The navigability of a lake can impact property ownership and boundaries. In the case of navigable lakes, the state typically owns the water and the lake bed, while private property owners may own the shoreline. Any changes to the lake's water level or course can result in changes to the legal boundaries of adjacent land, potentially affecting ownership rights.

Environmental Regulations

Navigable lakes may be subject to various environmental regulations and protections, such as the Clean Water Act in the United States. These regulations aim to protect water quality, control pollution, and preserve natural habitats.

Commercial Activities

The navigability of a lake can influence commercial activities such as transportation, trade, and tourism. Lakes that support trade and commerce by connecting different states or countries are more likely to be deemed navigable. This has implications for the movement of goods, services, and people across these waterways.

In summary, the consequences of a lake being deemed navigable can include the application of maritime law, the determination of jurisdiction, public access and navigation rights, property ownership issues, environmental regulations, and the facilitation of commercial activities. These consequences highlight the importance of understanding the legal and practical implications of navigability when dealing with lakes and other bodies of water.

What are the differences between maritime and state law?

Maritime law, also known as admiralty law, is a body of federal law that governs private affairs occurring on navigable waters or in other maritime businesses. It covers incidents such as injuries on vessels or caused by vessels, vessel and cargo damage, and issues like the rights to transport goods and passengers. This law is shaped by international treaties and conventions created to deal with maritime issues.

State law, on the other hand, covers a wide range of legal issues on land, including car crashes, slip and fall accidents, and construction accidents.

Jurisdiction and Courts:

Maritime law is a federal law, but this does not mean that all cases are heard in federal court. The jurisdiction and court for a maritime case depend on various factors, including the location of the incident, the location and citizenship of the parties involved, and contracts between maritime employers and employees. Many Jones Act cases, for example, are heard in local state courts. Cases involving property disputes are heard in federal court, while those involving personal injury or product liability may be heard in either federal or state court.

In contrast, state law cases are typically heard in state courts, and there is broad jury trial availability for claims brought under state law.

Applicable Laws:

Maritime law is governed by national laws, international conventions, and treaties. It includes laws such as the Jones Act, Death on the High Seas Act, and Maintenance and Cure. State laws, on the other hand, are created through judicial decisions in state and federal courts.

Standard of Negligence:

Maritime law, specifically the Jones Act, allows employers to be found negligent if their failure to provide a reasonably safe workplace played even the slightest part in causing an employee's injury. This is known as the "featherweight" or "slightest" causation standard.

In contrast, state law uses the reasonable care standard, where it must be shown that the employer or at-fault party failed to act as a "reasonably prudent" person would under similar circumstances.

Damages:

Maintenance and cure damages are unique to maritime law, specifically under the Jones Act. Maintenance refers to the payment of essential room and board expenses for an injured seaman, while cure covers the resulting medical expenses.

Scope:

Maritime law focuses on legal issues on the water, such as injuries that occur offshore or on a vessel. State law, however, covers a broader range of legal issues on land.

Contracts:

Maritime law can override state law in certain instances, particularly in the law of contracts. The nature of the contract, the relationship between the parties, and the services provided determine whether maritime or state law applies. For example, a contract to repair a vessel is typically governed by maritime law, while a contract to build a vessel may not be.

In summary, maritime law and state law differ in their scope, applicable laws, standard of negligence, damages, jurisdiction, and the impact on contracts. It is important to note that the differences outlined above are not exhaustive, and there may be additional nuances depending on the specific circumstances of a case.

When to seek a maritime lawyer?

Maritime law, also known as admiralty law, governs what happens at sea, including on lakes and rivers. It covers a wide range of issues, from injuries and property damage to commercial transactions and environmental protection. So, when should you seek a maritime lawyer? Here are some scenarios where a maritime lawyer can be of assistance:

Accidents and Injuries on Navigable Waters

If you've been injured in an accident on a lake or river, don't assume that state laws apply. Federal maritime law may govern your rights to compensation. A maritime lawyer can review the specifics of your case and advise you on the applicable laws. They have the specialised knowledge and experience to ensure your rights are properly pursued.

Lost or Damaged Cargo

Cargo transportation is a common activity on the open seas, and maritime law cases often involve disputes related to cargo damage or non-delivery. A maritime lawyer can help determine liability and assist in seeking compensation from the responsible parties.

Cruise Ship Injuries and Crimes

If you've suffered an injury or become a victim of a crime on a cruise ship, a maritime lawyer can help you hold the cruise line accountable. They can guide you through the complex legal process and ensure your rights are protected.

Rights of Crew Members

Crew members working on ships or in the open water have specific rights and protections under maritime law. If you've been injured, not properly compensated, or feel your labour is being exploited, a maritime lawyer can advise you on your legal options and help you seek fair compensation.

Other Crimes or Injuries on the Open Seas

Maritime law also covers a wide range of crimes and injuries that occur on the open seas. Whether it's theft, assault, or a boating accident, a maritime lawyer can assist you in seeking justice and compensation, just as they would for similar incidents on land.

Towing-Related Issues

Towing vehicles or vessels across open waters comes with unique risks and liabilities. If you encounter issues with a towing contract or confusion regarding liabilities after an incident, a maritime lawyer can provide clarity and help resolve disputes.

Civil Disputes Related to Boat Ownership

Admiralty courts, presided over by maritime lawyers, handle civil disputes related to boat ownership. If your ownership is contested, a maritime lawyer can help determine the rightful owner and protect your interests during the process.

Frequently asked questions