Maritime Law: When Does It Govern?

Maritime law, also known as admiralty law, is a complex and dynamic area of law that governs legal disputes and activities on navigable waters. It applies to accidents and injuries that occur on the high seas, in territorial waters, and on lakes and rivers used for commerce. It also covers land-based activities such as loading and unloading cargo, shipbuilding and repair, and harbour operations. With ancient roots, maritime law has evolved to include modern statutes, contract law, and international treaties, regulating a wide range of activities and defining the rights and responsibilities of those involved in maritime trade and transportation.

Commercial accidents

Maritime law, also known as admiralty law, applies to occurrences on navigable waters. These include the high seas, harbors, bays, inlets, and rivers that run between states. Navigable waters are defined as any waters used for trade, travel, or commerce between states or foreign nations. However, if a body of water is contained entirely within one state, federal admiralty jurisdiction does not apply.

In the United States, federal courts have jurisdiction over all maritime laws and claim matters, including the right to file a maritime lawsuit in the appropriate state court. Federal maritime law allows seamen to file "joint and several liability," meaning more than one party can be held liable for injuries, even if they only contributed a small fraction to the injuries.

The Jones Act, a part of the Merchant Marine Act of 1920, is particularly relevant to commercial accidents. It provides compensation to seamen injured while working on a vessel and requires shipowners to provide a safe working environment and sufficient equipment. If an employer fails to meet these requirements, injured workers can sue under the Jones Act.

In summary, commercial accidents that result in injuries to crew members or damage to vessels and cargo are governed by maritime law, specifically the Jones Act, in the United States. These laws apply to a wide range of vessels and situations, and it is important for those involved in such accidents to seek legal counsel experienced in maritime law.

Recreational boating accidents

Recreational boating has become increasingly popular, with a wide range of vessels now available to the public, from jet skis to wind surfers. This has led to a greater number of accidents, and governments have responded by introducing stricter laws.

When it comes to recreational boating accidents, maritime law will apply if the accident occurs on navigable waters. This means that if a collision or other incident takes place on a river that runs between two states, maritime law will govern any legal proceedings. It's important to note that if a body of water is contained entirely within one state, such as a lake, then federal admiralty jurisdiction does not typically apply.

In the context of recreational boating accidents, maritime law provides a framework for determining liability and compensation. For example, if a collision occurs between two recreational boats on a river, the incident would likely fall under the jurisdiction of maritime law. The involved parties could seek legal counsel and file a claim against the owner or operator of the other vessel. The specific circumstances of the accident, such as operator inattention, excessive speed, or alcohol use, would be considered in determining liability.

It's worth noting that recreational boats are often underinsured, which can lead to challenges in obtaining sufficient compensation for victims. This highlights the importance of seeking legal assistance from experienced maritime lawyers, who can guide individuals through the complex legal process and help them understand their rights and options for recourse.

Piracy and criminal activity

Piracy is defined by Article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It includes any illegal acts of violence, detention, or depredation, committed by the crew or passengers of a private ship or aircraft for private ends. These acts are often directed at another ship, aircraft, or the persons or property on board. Piracy also includes the voluntary participation in or facilitation of such acts.

Piracy threatens maritime security and can endanger the welfare of seafarers, the security of navigation and commerce, and the marine environment. It may result in the loss of life, physical harm, hostage-taking, financial losses, increased insurance and security costs, and disruptions to trade.

Maritime law also applies to criminal activity on ocean vessels, such as armed robbery. Armed robbery against ships is defined by Resolution A.1025(26) of the International Maritime Organization's (IMO) Code of Practice for the Investigation of the Crimes of Piracy and Armed Robbery Against Ships. It includes any illegal act of violence, detention, depredation, 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.

The repression of piracy is addressed in Articles 100 to 107, 110, and other parts of UNCLOS. The UN General Assembly and Security Council have repeatedly encouraged international cooperation to address piracy and armed robbery at sea. The IMO also plays a role in countering piracy and armed robbery by issuing recommendations and guidance to governments, shipowners, operators, masters, and crews.

The complex nature of maritime law and the intersection of state and federal laws in this area underscore the importance of seeking experienced legal counsel when dealing with piracy or criminal activity on the high seas.

Insurance claims

Marine insurance is a crucial aspect of the shipping industry, and it plays a significant role in understanding the special laws that govern maritime activities. Most shipowners carry hull insurance and protect themselves against third-party claims through "protection and indemnity" insurance. This type of insurance covers the physical loss or damage of ships, cargo, terminals, and any means of transport used to transfer, acquire, or hold the property between its origin and final destination.

When it comes to insurance claims, marine insurance policies are based on fundamental principles such as indemnity, insurable interest, utmost good faith, proximate cause, subrogation, and contribution. These principles are outlined in the Marine Insurance Act, which serves as a reference for practitioners when negotiating contracts and settling claims. The act defines insurable interest, stating that there must be a physical object exposed to marine perils and that the insured must have a legal relationship with the object, benefiting from its preservation and being prejudiced by its loss or damage.

In the event of a total loss of cargo due to an insured peril, the sum insured is paid in full. If only a portion of the cargo is lost, the appropriate proportion of the insured value is paid. Claims for damage are settled by determining the percentage of depreciation and applying this percentage to the insured value. This percentage is calculated by comparing the value the goods would realise in their damaged state with their gross sound value on the date of sale, using the same date for both values to avoid market price fluctuations.

Additionally, marine insurance policies typically issue agreed-value policies, where the agreed value is conclusive between the insurer and the insured, except in cases of unintentional error or alleged fraud. "Duty" and "Increased Value" policies, on the other hand, provide pure indemnity only.

It is worth noting that marine insurance is always written on an occurrence basis, covering claims arising from damage or injury during the policy period, regardless of when the claims are made. This includes extensions of coverage for items typical to a marine business, such as liability for container damage and debris removal.

Furthermore, a deductible is usually applied to claims made under a marine insurance policy, representing the first amount of a claim that the policyholder must bear themselves.

In the context of maritime law, insurance claims for ships or cargo are considered valid if the person has an insurable interest at the time of loss. This interest may not have existed when the insurance was taken out, as goods can be sold or purchased during transit. However, if the insured had no interest at the time of loss, they cannot acquire interest after becoming aware of the loss.

To summarise, marine insurance claims are a vital aspect of maritime law, providing financial protection for shipowners and ensuring that individuals involved in maritime accidents receive appropriate compensation.

Property and personal injury disputes

Maritime law, also known as admiralty law, is a complex area of law that covers a wide range of disputes and incidents that occur at sea or on navigable waters. This includes property and personal injury disputes, which can arise from various situations such as commercial accidents, recreational boating accidents, piracy, and criminal activities.

Property Disputes

Property disputes in maritime law often involve damage to vessels, cargo, or other maritime property. For example, collisions or allisions (a collision between a moving vessel and a stationary object) can result in property damage claims. In these cases, liability is typically determined by the violation of a statute or regulation, such as the International Regulations for Preventing Collisions at Sea or local navigation rules. Other relevant laws that may come into play include the Suits in Admiralty Act, the Federal Torts Claim Act, the Public Vessels Act, and the Rivers and Harbors Act (Wreck Act).

Cargo damage claims are also common in maritime property disputes and are often governed by statutes such as the Harter Act and the Carriage of Goods by Sea Act (COGSA). Additionally, maritime law covers disputes related to maritime attachments and garnishments, in rem actions against vessels, the arrest of vessels, limitation of liability actions by vessel owners, and vessel forfeitures.

It's important to note that property dispute cases involving maritime law are always heard in federal court.

Personal Injury Disputes

Personal injury disputes in maritime law can arise from a variety of incidents, including commercial accidents, recreational boating accidents, injuries to sailors or seamen, and accidents involving passengers aboard cruise ships or other vessels.

The Jones Act is a crucial component of personal injury disputes in maritime law. It gives seamen who are injured during the course of their employment on a vessel the right to sue their employer for negligence damages. The Jones Act imposes strict requirements on employers, holding them liable for almost any unsafe condition on a ship. Examples of unsafe conditions include oil or grease on the deck, poorly maintained equipment, failure to train crew adequately, and failure to provide proper safety equipment.

In addition to the Jones Act, maritime law also includes the Death on the High Seas Act (DOHSA), which provides benefits to the families of seamen who die due to employer negligence or unseaworthy vessels. The Longshore and Harbor Workers' Compensation Act (LHWCA) is another important piece of legislation, providing protection for workers whose primary duties are at ports, ship terminals, wharves, docks, and shipyards.

Personal injury disputes can be heard in either federal or state court, depending on the specific circumstances of the case. For example, cases involving product liability or personal injury may be heard in either federal or state court, while property dispute cases are always heard in federal court.

Frequently asked questions