Maritime Law: When Does It Govern?

General maritime law is a body of law that has evolved over time through common law and court precedent. It is distinct from most other codified state and federal laws. General maritime law provides a way for offshore workers who are injured or become ill to claim compensation. It covers a broad range of maritime legal affairs, including marine insurance, the salvage of goods from sunken ships, and seafarer's rights. It also provides additional rights and damages to seamen outside of the Jones Act, which is a federal statute that provides remedies for injured crew members of a vessel.

Accidents at sea or on inland bodies of water

Navigable Waters

A critical concept in maritime law is "navigable waters," which refers to any body of water that a vessel can traverse. This includes not only the open seas but also inland bodies of water such as lakes, rivers, and wetlands. When an accident occurs on an inland body of water, one of the first tasks is to determine whether the waters are navigable and which jurisdiction's laws apply. This determination is not always clear-cut and can depend on various factors, including the type of vessel involved and the purpose of its voyage.

Commercial and Recreational Vessels

Maritime law applies to both commercial and recreational vessels. Commercial accidents that result in injuries to seamen or damage to vessels and cargo fall under maritime law. This includes situations where an employer fails to provide a safe working environment or fails to rescue a seaman who falls overboard. Recreational boating accidents are also covered by maritime law, and the law treats navigation for recreation and pleasure with the same importance as navigation for commercial purposes.

Personal Injuries at Sea

Maritime law provides remedies for personal injuries occurring at sea or on navigable waters. The Jones Act, a federal regulation, guarantees rights and compensation to maritime workers who suffer accidents due to employer negligence. To make a valid claim under the Jones Act, an injured party must be classified as a "seaman," typically defined as someone who works on a ship in navigable waters. It's important to note that seamen do not receive regular worker's compensation, which is why the Jones Act and general maritime law are crucial for seeking redress.

Medical Bills and Compensation

Maritime law provides for the coverage of medical bills and other expenses incurred due to injuries at sea. Under the principle of "maintenance and cure," employers are required to pay for reasonable medical expenses and basic living expenses during a seaman's recovery. "Maintenance" refers to the value of room and board, while "cure" refers to medical care costs. These payments are in addition to any compensation recovered for negligence or unseaworthiness.

Death at Sea

In cases of death occurring at sea due to employer negligence or unseaworthy vessels, the deceased's family may seek benefits under the Death on the High Seas Act (DOHSA). This federal law provides a pathway for legal recourse and compensation for families facing tragic losses. It is important to note that a DOHSA suit must be filed within three years from the date of the seaman's death.

Commercial shipping accidents

The laws that apply to commercial shipping accidents depend on the location of the incident and the nationality of the vessel. In the United States, maritime law, also known as admiralty law, governs accidents that occur in navigable waters, including rivers, canals, and lakes. It covers both domestic and international waters and regulates shipping, navigation, commerce, towage, recreational boating, and piracy.

When commercial shipping accidents occur, there are several laws that may come into play. The Jones Act, for instance, is a federal law that provides rights to injured workers, allowing them to seek compensation for injuries sustained while working on a vessel. The Act also allows seamen to file "joint and several liability" claims, meaning multiple parties can be held liable for injuries. Additionally, the Longshore and Harbor Workers' Compensation Act (LHWCA) provides compensation to workers injured while working on or around navigable waters, such as those involved in loading and unloading cargo or repairing ships.

In the case of cargo ship accidents, the Carriage of Goods by Sea Act (COGSA) governs claims related to cargo loss or damage. This federal law imposes specific requirements on ship owners, such as providing a seaworthy vessel and ensuring appropriate cargo storage. It also outlines the rights and obligations of cargo owners and ship owners in foreign trade.

If an accident results in injuries to passengers, maritime law allows them to file suit against the shipowner or crew for negligence. Cruise ship passengers, however, often face limitations on their ability to sue due to terms listed on their passenger tickets.

The legal implications of commercial shipping accidents can be complex, and it is important for those involved to seek legal counsel from experienced maritime lawyers who can guide them through the specific laws and regulations that apply to their situation.

Recreational boating accidents

Recreational boating is a popular pastime for many, but accidents can and do happen. When they do, it's important to know your rights and responsibilities under the law.

In the United States, maritime law, also known as admiralty law, covers recreational boating. This includes incidents that occur on natural and man-made navigable waters, such as rivers and canals. Federal law applies to recreational boating accidents when a lawsuit is brought in a federal district court, based on either the court's admiralty jurisdiction or diversity of citizenship jurisdiction. Admiralty jurisdiction exists when the accident occurs on the high seas or navigable waters. The high seas are waters within the jurisdiction of another country, while navigable waters are those used in interstate or foreign commerce. Diversity of citizenship jurisdiction applies when the involved parties are from different states.

When an accident occurs, the boat operator or owner must file a boating accident report with the state reporting authority under specific circumstances. These include when someone dies, disappears, or requires medical treatment beyond first aid, when property damage exceeds $2,000, or when the boat is destroyed. This report can be used as evidence in a personal injury lawsuit.

To recover compensation in a recreational boating accident, negligence must usually be proven. This means showing that someone failed to act with reasonable care, and this failure caused the accident. In the case of a collision between two boats, one or both operators may be partially responsible. State laws may also dictate that certain types of boat operators must give way to others. For example, some states require motorboats to yield to sailboats due to their greater manoeuvrability.

Passengers can generally sue any at-fault boat operator, including the operator of the boat they were on. If an injured boat operator is bringing a claim against another operator under maritime law, their recovery will be reduced proportionally to their fault, but they will not be barred from recovery as long as the defendant was at fault to some extent.

Maritime law also covers other aspects of recreational boating, such as insurance claims, safety regulations, and piracy. It's important to note that maritime laws differ from those pertaining to land-based activities, and determining the applicable jurisdiction can be complex. Seeking legal advice from a seasoned maritime lawyer is crucial to understanding your rights and navigating the legal process.

Piracy and criminal activity on vessels

Piracy is one of the most visible types of maritime crime and is defined by Article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). According to UNCLOS, piracy consists of:

> "any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State".

Piracy can include voluntary participation in the operation of a ship or aircraft with knowledge of facts that make it a pirate vessel. It also includes any incitement or intentional facilitation of piracy.

Armed robbery against ships is a separate but related crime. It consists of any illegal act of violence or detention, or threat thereof, committed for private ends and directed against a ship or persons or property on board, within a state's internal, archipelagic, or territorial waters.

Piracy and armed robbery against ships have significant economic and human costs. They endanger the lives of seafarers worldwide and affect major shipping lanes. Pirate groups collect millions of dollars in ransom payments annually, and the financial flows of this money are challenging for law enforcement agencies to trace.

In addition to piracy and armed robbery, other maritime crimes include the trafficking of goods and people, illegal fishing, terrorism, drug trafficking, trafficking in nuclear materials and firearms, human trafficking and migrant smuggling, waste trafficking, and illegal activities in the fisheries sector. These crimes often involve bribery or coercion of port employees to gain access to sealed shipping containers and the exploitation of poorly patrolled maritime routes to evade capture by authorities.

Passenger injuries

Maritime law, also known as admiralty law, covers a wide range of maritime legal issues, including passenger injuries. When it comes to passenger injuries, shipowners must exercise reasonable care when transporting passengers, who may sue if the shipowner's negligence caused their injuries. This duty of care includes providing a reasonable amount of security against physical harm, including criminal activity, and ensuring that the ship, its equipment, and crew are seaworthy and in reasonable working condition.

In the United States, federal courts have jurisdiction over all maritime laws and matters, and federal maritime law allows for "joint and several liability," meaning that multiple parties can be held liable for injuries, even if they only contributed a small fraction. This is important because most states do not allow joint and several liability.

Passengers aboard cruise ships and other vessels who are injured while at sea have the right to file a lawsuit against the shipowner or crew if their negligence caused the accident. For example, if a passenger falls down a flight of stairs due to broken steps or a broken rail, they can file for damages. However, cruise lines typically include limitations in the passenger ticket, such as a one-year statute of limitations and specific venues for filing lawsuits.

The specific laws and remedies that protect passengers at sea or in navigable waters include:

• The Jones Act: This act provides protections for seamen but not for guest passengers or volunteers.
• Death on the High Seas Act (DOHSA): DOHSA provides the right to file for damages for the families of passengers and workers (not covered under the Jones Act) who die outside the three-mile territorial coast of the United States.
• Longshore and Harbor Workers' Compensation Act (LHWCA): This act covers maritime occupations, including harbor workers, longshoremen, and shipbuilders, and provides compensation for workers injured while working on navigable waters.
• Limitation of Liability Act: This act entitles ship and company owners to limit their liability if they were unaware of the unseaworthiness of a vessel that caused an injury or death.

In addition to these laws, general maritime law also covers situations involving passenger injuries, such as those that occur within the three-mile territorial coast of the United States.

Frequently asked questions