What Is the Maritime Law of Liability?
Maritime law generally refers to a category of legal rules developed to address issues pertaining to navigable waters. These regulations, also known as admiralty law, cover nautical topics, some of which seem draconian (e.g., piracy), while others are more contemporary.
There is no singular maritime law of liability. Lawsuits claiming compensation for losses sustained in admiralty jurisdictions are affected by a number of variables, such as the type of entity being sued and the injuries alleged.
Elissa M. Coombs, from the Law Office of David E. Gordon, is an authority on this niche subject. If you have questions about a negligence case controlled by maritime law, she can offer her vast experience with maritime law to guide you.
What Is Maritime Law?
Admiralty (i.e., maritime) law comprises the legal standards and principles used to decide disputes arising within the bounds of the United States’ aquatic jurisdiction.
Originally, U.S. maritime law was reserved for conflicts that took place in oceanic zones under American dominion. Today, all waterways inside the United States that are navigable (that is, traversable) for the purpose of either interstate or foreign commerce are also subject to admiralty rules. These include, without exclusion, rivers, canals, and the Great Lakes.
The navigability-commerce status of a body of water reflects the greater fact that federal authority dominates matters of maritime law. Congress predicates national control over these channels on its constitutional power to regulate interstate and international commerce. Similarly, by and through the U.S. Constitution, federal courts derive almost absolute jurisdiction over maritime cases, including admiralty suits for negligence. The U.S. Code, nevertheless, carves out concurrent state forum jurisdiction and narrow circumstances in which state statutes may govern.
Does Maritime Law Have Special Rules Regarding Liability?
Diverse actions and inactions constitute liability under maritime law. Elissa M. Coombs of the Law Office of David E. Gordon is a knowledgeable lawyer who can explain the nuances distinguishing admiralty liability from normal negligence claims.
There are maritime rules of negligence devoted to:
- Personal injury and death
- Lost cargo
- Pollution
- Product liability
- Property damage from collisions
- Limitations of liability
Maritime law differentiates suits against the United States from those between private parties. If you were to make the United States a defendant party in a lawsuit alleging losses caused by negligent ship operation, the United States is permitted to limit the compensation it must pay you. Federal regulation allows the United States to cap recovery based on the value of the vessel-at-issue. The vessel’s value is calculated after the incident underlying the complaint.
In negligence suits involving private parties, the law grants more robust protections to those injured at sea (or on other navigable waters), particularly in the context of employer-employee matters. The U.S. Code provides deckhands a private right of action against their employers for personal injuries suffered while engaged in employment tasks aboard their employers’ ships. These lawsuits can be filed in either a federal or state court, despite admiralty remedies typically being left to the federal U.S. District Courts.
A Maritime Law Attorney Helps You Navigate the Muddy Waters of Liability
Proving liability under maritime law does not always follow the same process as demonstrating negligence in land-based cases. Admiralty rules are special regulations requiring skilled legal analysis.
At the Law Office of David E. Gordon, Elissa M. Coombs adds her valuable maritime law experience. Call today to schedule a free consultation and learn your options for pursuing recovery under admiralty rules.
