When Does Maritime Law Apply?
When you think of maritime law you may think of pirates and buccaneers but the legal category covers much more than commerce on the blue sea. Maritime law governs all legal issues that take place on navigable waters. These waters include oceans, seas, and rivers that can support commercial shipping. If you’ve ever wondered are we under maritime law right now you are not alone.
Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo explain the distinction between maritime and common law.
Navigable Waters and Maritime Law
To understand maritime law, it’s important to define “navigable waters.” In general, these are bodies of water that are used for interstate or international commerce. If an accident happens in a body of water that connects to the ocean or crosses state lines, maritime law often takes precedence.
For example, if a worker is injured while loading cargo onto a vessel in the Hudson River, maritime law may govern the case. The same would apply if the injury occurred while the vessel was in the open ocean. Whether you’re dealing with a personal injury or a contractual dispute, if it happens on navigable waters, maritime law usually comes into play.
When Maritime Law Applies
There are several scenarios where maritime law typically applies:
- Injuries on Ships and Boats: If you work on a vessel, such as a ship or a boat, and you’re injured, your claim will likely fall under maritime law. This is true whether you’re a seaman, a crew member, or even a passenger.
- Accidents on Docks or Harbors: Maritime law may also apply to accidents on shore but near the water. This includes injuries sustained while working on a dock or pier if they occurred during loading or unloading a vessel.
- Cargo and Shipping Disputes: If you’re involved in a business dealing related to shipping, whether it’s damaged goods or contractual issues maritime law will usually govern the dispute.
- Passenger Injuries: If you’re a passenger on a boat and are injured, maritime law might apply, depending on where the accident took place. This includes injuries on any type of marine vessel, including charter boats and even cruise ships!
One notable point is that maritime law doesn’t just apply to large vessels on international waters. Small boats on local rivers or lakes that connect to larger bodies of water may also be governed by maritime law.
Common Law vs. Maritime Law
The distinction between common law and maritime law lies in where the incident occurred and the nature of the dispute. Common law applies to events that happen on land or in non-navigable waters. For example, a car accident in New York City or a slip-and-fall in a restaurant would fall under common law, which is applied at the state level.
Maritime law, on the other hand, is a specialized area of law that deals with the unique risks and issues involved with maritime activities. This includes not only personal injury but also contractual and commercial disputes related to shipping, fishing, and other water-based industries.
A key difference between the two systems lies in the protections offered to workers. Under maritime law, injured seamen are entitled to specific protections and benefits under the Jones Act. The Jones Act allows seamen to sue their employers for negligence. This is one reason it’s important to consult with a maritime injury law firm if you’ve been hurt while working on or near the water.
Maritime Personal Injury Jurisdiction and Venue
Maritime law cases are usually heard in federal court, though state courts can sometimes have concurrent jurisdiction, especially for cases involving personal injury. The court where your case is tried can have a significant impact on the outcome, which is why it’s important to work with a law firm experienced in handling maritime cases. A knowledgeable maritime injury law firm will know the best legal strategy for your specific situation.
Whether you’re a worker injured on a vessel, a passenger hurt while enjoying a boat ride, or involved in a shipping dispute, maritime law may govern your case. While it shares similarities with common law, the specific protections and rules involved in maritime cases make it a unique legal area that requires specialized knowledge. If you have questions about whether you’re under maritime law right now, consult with one of our experienced attorneys at SPBMCC today.
Contact an Experienced Maritime Law Attorney at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.