Also referred to as Admiralty Law, the statutes that comprise U.S. maritime law govern disputes that arise on navigable waters. This includes shipping, navigation, offshore oil rigs, docks, and private recreational boating and cruises.
In the U.S., maritime law is a group of laws that include:
If you’ve been hurt on or near the water, you may be able to file a claim under one or more of these statutes. An experienced Houston maritime injury lawyer can explain your options.
Where do maritime laws apply?
Maritime law applies to incidents that occur on navigable waters. Navigable waters are defined as any body of water used for travel, trade, and commerce between states or U.S. and foreign nations.
Furthermore, the body of water must share a border with at least two states or the U.S. and another country.
Incidents that occur on bodies of water contained wholly within the borders of one state, like a lake, are subject to the laws of that state.
Since the 1982 Law of the Sea Convention (LOSC) established a new international treaty, the territorial waters of a country can reach a distance of up to 12 nautical miles offshore. State water jurisdiction is limited to three nautical miles from shore.
If you want to know, “Where does maritime law apply in my specific situation?” start with pinpointing the location of the incident and then establishing jurisdiction.
Claims under maritime law
Maritime laws provide legal recourse for persons injured in navigable waters to file a claim for damages they suffered. This covers a wide range of situations, such as:
- Commercial shipping accidents
- Injuries to seamen, ship crews, or longshoremen
- Injuries to passengers on a cruise ship or other recreational boat
- Accidents on a jet ski or water skis
- Injury on a fishing boat (commercial or private)
Maritime law can also apply in the salvage of a watercraft, criminal activity (including piracy), liens and mortgages on a ship, and towage contracts.
Where are maritime law claims heard?
The United States Constitution establishes federal court jurisdiction for maritime law claims. Many claims can only be heard in federal court. This includes petitions to limit the liability of ship owners after a serious incident that affects the value of the watercraft.
However, other cases, such as product liability or personal injury, may be heard in state court. This “saving to suitors” clause permits these cases to be filed in state, not federal court. The states in question must have common law tort claims, even though federal law applies in these cases.
The question of jurisdiction can quickly become complex, which is why the advice of a seasoned maritime injury lawyer can prove invaluable.
When do maritime laws apply on land?
Although maritime laws typically only apply to activities occurring on navigable waters, there are a few land-based activities that may be subject to maritime law, such as:
- Shipbuilding and repair: Construction or refurbishing ships and boats may fall under maritime law. These activities involve specialized skills closely tied to maritime trade and commerce.
- Loading and unloading cargo: Many stevedores and longshoremen may be covered by maritime law, even if their job duties occur on land. This is because loading and unloading cargo to vessels is considered part of maritime commerce.
- Salvage and towage: Any activity related to towing or the salvage of a watercraft (or cargo salvage) requires specialized knowledge and is typically covered by maritime law.
- Harbor operations: Facilities used for maritime commerce, such as ports and harbors, may be subject to maritime law, as they are integral to the efficient movement of goods and vessels.
Maritime law aims to establish a uniform set of rules and procedures covering maritime activity, no matter where the incident occurred. This preserves maritime workers’ safety and gives them rights for redress.
Do you have a maritime injury claim?
Suppose you have been injured on navigable waters or in one of the land-based activities subject to maritime law. In that case, you may have grounds to pursue a claim for compensatory damages.
It’s important to act fast, though— each state has a different statute of limitations for filing a claim.
If you have questions about which laws apply to your case or whether you have a case at all, call Havens & Associates today at (713) 955-2215. We offer a free consultation during which we answer these questions and more.
