Boating Accident

Whether your personal injuries were sustained in a boat accident, jet ski accident, ferry accident, watercraft accident, or in some instances, an airplane crash, it is likely that maritime law will govern the case. From boating accidents to products liability, if the tragedy occurred somewhere on or over a body of water, then chances are that federal maritime law will apply to the case.

So what is maritime law? Maritime law (sometimes referred to as “admiralty”) is the law which governs legal issues which occur on navigable waters (e.g. Gulf, ocean, bays, lakes, rivers, etc.).

Our federal courts have exclusive jurisdiction over most admiralty and maritime claims pursuant to the terms of federal statute 28 U.S.C. § 1333. Under this statute, federal district courts are granted original jurisdiction over maritime actions "saving to suitors" the right to sue for most of these actions in state courts.

Maritime Injury

Whether your personal injuries were sustained on a boat, Jet Ski, watercraft, a barge, or maybe even an airplane, it is likely that maritime law will govern the case. From accidents to products liability, if the tragedy occurred somewhere on or over a body of water, then chances are that federal maritime law will apply to the case. 

This may have very serious implications to your case and you should have an experienced attorney on your side.

So what is maritime law? Maritime law (sometimes referred to as “admiralty”)is the law which governs legal issues which occur on navigable waters (e.g. Gulf, ocean, bays, lakes, rivers, etc.).

Our federal courts have exclusive jurisdiction over most admiralty and maritime claims pursuant to the terms of federal statute 28 U.S.C. § 1333.  Under this statute, federal district courts are granted original jurisdiction over maritime actions "saving to suitors" the right to sue for most of these actions in state courts. 

Maritime Injury Law for Consumers 

Federal common law – that is, judge-made law – which has developed and refined over hundreds of years, govern the ins and outs of maritime personal injury claims. There are many beneficial provisions under the common law toward injured persons, and your attorney has to know these provisions to take advantage of them. 

Seamen injured aboard ship have three possible sources of compensation:(1) the principle of maintenance and cure, (2) the doctrine of unseaworthiness, and (3) the Jones Act. 

1.        Maintenance and Cure 

When a seaman is injured on a vessel, regardless of who is at fault, the seaman has a legal right to "maintenance and cure" - benefits similar to those available through traditional workers compensation law. 

"Maintenance" takes the form of a daily allowance, usually between $10 to $40 per day, to cover the food and shelter the injured seaman would have received aboard the vessel had the injury not occurred. 

"Cure" represents the employer’s duty to provide an injured seaman with appropriate medical care, hospitalization, and rehabilitation services, until the injured seaman reaches maximum medical improvement. 

Please note that the obligation to provide maintenance and cure ends when the seaman reaches maximum medical recovery (MMR), even if the seaman will never fully recover from his injuries, and may never be able to return to work. 

In addition to maintenance and cure, the seaman may file a Jones Act claim. 

Maritime workers who are not seamen may be eligible for compensation under The Longshore and Harbor Worker's Compensation Act (LHWCA),  Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901. See the Department of Labor  LHWCA Facts. 

2.         Unseaworthy Vessels 

The owner of a vessel owes a seaman an absolute duty to provide a seaworthy vessel.“Unseaworthiness” means defective in some way. A vessel is seaworthy if it is reasonably fit for its intended use, is equipped with appropriate equipment and safety gear, has a competent crew, and is a safe place to live and work. 

Even if a vessel is seaworthy when it leaves shore, it can become unseaworthy on the basis of dangers which arise or are created during its voyage. A claim that a vessel is not seaworthy is often brought at the same time as a Jones Act claim. 

3.         The Jones Act 

The Jones Act, also known as the Merchant Marine Act, 46 U.S.C. § 861 permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a vessel. 

Every ship presents hazards to the crew – the seamen – because for lack of better expression, every vessel is a very dangerous place to work. The Jones Act reflects this harsh reality of maritime work, so a seaman's employer may be liable for even the slightest breach of duty which contributes to a seaman's injury. 

In addition to compensation for injuries cause by negligence, an injured seaman may also make a claim against the vessel's owner on the basis that the vessel was not seaworthy. An employer may also be liable for failing to provide a seaman with adequate medical care. 

Jones Act litigation seeks to recover damages for both past and future economic and non-economic losses. 

Sometimes, if a seaman's injury is caused by an employee of an independent contractor aboard a vessel, it may be possible to pursue a cause of action against that independent contractor in addition to the Jones Act claim.

Personal injury and wrongful death cases caused by accidents on navigable waters, whether they happen to consumers or maritime workers, are often complex and expensive to obtain justice for the victims, their families, and punish those who are responsible for such devastating injuries. 

Proving fault requires critical review analysis and review of the key evidence, not only by the personal injury attorney, but by appropriate experts. Knowledge of the complex statutes, rules, and regulations that govern these cases are important to secure justice for the clients. 

If you or your loved one has suffered a permanent personal injury or wrongful death in the family caused by boat accident, then contact our personal injury lawyers to seek justice on your behalf. 

Your Values. Your Lawyer. Full Justice.^SM