Admiralty and maritime law involves Injuries or damages which occur on vessels, on fixed rigs, on floating objects such as drydocks, on docks and slips and injuries sustained in connection with maritime or longshore employment are covered.
Types of Maritime Injuries
Some examples of admiralty/maritime injuries include:
- Injury or death to passengers on cruise ships
- Injury or death to workers or employees on ships
- Brain injury to a commercial diver
- Brain injury and partial paralysis stemming from a scuba diving accident
- Death due to a scuba diving accident
Federal and State Maritime Laws
In these types of cases various federal and state laws may be involved. For example, The Jones Act covers seamen; the Longshoremen’s and Harbor Workers Compensation Act provides worker’s compensation benefits for longshoremen; The Death on the High Seas Act covers certain deaths in connection with maritime accidents. The duty of the owner of a vessel to provide a seaworthy vessel, which includes its equipment, and sometimes even its officers, is often involved.
Product liability law may apply where a piece of equipment is defective and causes personal injury or wrongful death. The Outercontinental Shelf Lands Act covers injuries which are sustained on artificial islands offshore, leaving the remedy to adjacent state law.
The status of an injured party often controls the remedies and damages to which he may be entitled. For example, only a seaman can avail himself of the provisions of the Jones Act. An injured longshoreman is covered by LHWCA. An invitee who is injured aboard a vessel may have a remedy under state law or may come under the general maritime law. Determining the status of an injured party is sometimes a complex question, since in some circumstances the party may have attributes pertaining to more than one legal status.
Maritime Lawyer
Handling maritime negligence, Jones Act or other maritime case requires specialized knowledge and experience beyond that of the average personal injury attorney. It also requires knowledge of maritime insurance laws and practices as well as a familiarity with admiralty jurisdiction and procedures both in federal and state courts. Therefore if you are considering filing a maritime claim in is important to consult with an experienced lawyer.
