Maritime Law: The Rules That Govern Our Waterways
Maritime law, sometimes called admiralty law, is a set of rules that governs how we interact with the waterways in the United States. These rules cover many areas, including:
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Rules for business on the water
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Where legal disputes should be handled
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Personal injury cases
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Protecting the environment
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Ensuring national security
With so much of the U.S. population living near water, these laws are more important than you might think. In fact, about 127 million people—that’s 2 out of every 5 Americans—live in coastal counties. Another 30 million people live in the Great Lakes region.
This shows that a huge number of us, whether we realize it or not, are connected to maritime law.
What is a Navigable Waterway?
To understand maritime law, you first need to know what a “navigable waterway” is. Think of it as a water road.
The legal definition is a body of water that is (or was) used to move goods and people between states or countries. This includes:
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Tidal Waters: Waters affected by the ocean’s tides.
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Rivers and Lakes: Any water body that is currently used for trade.
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Historical Waterways: Even if a river isn’t used for commerce today, if it was used in the past, it can still count.
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Potential Waterways: A waterway that could be used for trade in the future might also be considered navigable.
In short, if a boat can realistically use a waterway for business or travel between different places, it’s probably a “navigable waterway.” This is the key to deciding which waters fall under maritime law.
Maritime law can apply to any body of water that can be navigated for purposes of interstate commerce.
Does Maritime Law Apply on Land?
Yes, maritime law can impact commercial activity on land that is directly tied to commercial activity on a navigable waterway. Often, much activity that occurs on a harbor, port, or dock that is directly connected to a navigable waterway but is not on the water itself is governed by maritime law.
These laws address the licensing and regulation of cargo, safety requirements for workers, personal injury claims, and contracts for shipping and transportation. Notably, certain personal injuries that occur on land can fall under maritime law.
Examples of Injuries Covered Under Maritime Law
Although maritime law addresses a wide range of commercial activity, many injuries covered under maritime law apply to activities occurring on a navigable waterway. These types of injuries can include:
- Slip-and-fall: individuals that slip and fall, which can be caused by wet surfaces, poor construction, and upkeep, equipment failure, etc.
- Drowning: individuals on, near, or in the water can be subject to drowning.
- Dredging-related injuries: a dredging accident occurs when sediment, debris, and other materials are removed from a waterway, which can cause dangerous conditions ripe with opportunities for injury.
- Electrocution: close proximity to water and the presence of heavy machinery and utility infrastructure heightens the risk of electrical exposure.
- Falling overboard: individuals navigating a waterway on a commercial ship risk falling off their vessel. This can cause drowning, hypothermia, or other related injuries.
Examples of Maritime Law
Thousands of laws and regulations make up the complex and ever-changing nature of maritime law. However, the statutes below derive the crucial laws that impact many of those directly or indirectly connected with maritime activities.
The Jones Act
Under the Jones Act, maritime employees, namely shipping and cargo companies, must provide employees with reasonably safe working conditions on all vessels. The Jones Act provides workers the ability to sue for negligence if hurt during the course of their employment while operating on navigable waters.
The threshold for proving negligence is much lower compared to most other workplace accidents. Employees need only to show that their employer was responsible for the conditions that led to the accident, even if the employer’s actions or omission were small.
Death on the High Seas Act (DOHSA)
The Death on the High Seas Act (DOHSA) allows the estate of a deceased person to bring a wrongful death claim against an entity for a death that occurred out at sea. Because negligence actions are typically brought under state law, DOHSA provides a cause of action for vessels under U.S. jurisdiction where an offshore accident occurred outside of any coastal state.
Under DOHSA, a person must have died past three nautical miles of the United States. The estate of the deceased person has three years from the date of the person’s death to file a cause of action. Also, DOHSA applies to aviation accidents over the water past 12 nautical miles of the United States.
The Longshore and Harbor Workers’ Compensation Act
This is a special law that provides help to certain workers who get hurt or sick because of their job. It is similar to workers’ compensation, but for people who work on or near the water.
Who does it cover?
The law covers many workers in maritime industries, including:
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Longshoremen (who load and unload ships)
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Harbor workers
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Clerical and maintenance staff who work at ports, piers, and shipyards
What does it cover?
It provides benefits for:
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Injuries from a workplace accident
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Sicknesses or diseases that develop over time from job conditions
It also covers other workers:
The law’s protection extends to people in other jobs, such as:
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Employees of private companies working on U.S. military bases
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Workers involved in exploring for and collecting natural resources (like oil and gas) offshore
In short, this act is a safety net for a wide range of workers in maritime and related fields who are injured or become ill because of their work.
Determining Whether Maritime Law Applies to Your Injury
In many cases, determining whether an injury is subject to maritime law is straightforward. However, in other instances, choosing whether maritime law applies can be much more complicated. Below are standard features of a maritime accident case that those injured due to maritime activities should be mindful of.
Location of the Accident
Generally, maritime law applies to accidents on a navigable waterway, which means the accident happened on the water itself. In most cases, accidents that occur on land may not be subject to maritime law. Exceptions may include the cause of the accident or the employment of the injured person.
Nature of the Underlying Activity
Sometimes, commercial activity, regardless of the location, renders an accident subject to maritime law. This can include the type of commercial activity tied to the circumstance that led to an accident.
For example, a dock worker who slips and falls in the parking lot is likely more subject to typical negligence laws, while the same worker who slips and falls on a vessel is subject to maritime law.
Maritime Commercial Activities
Additionally, potential plaintiffs must determine whether the cause of their injury is connected with a maritime activity. For example, a cargo ship worker injured after falling off the vessel is subject to maritime law. However, the same worker injured due to the defect of a forklift on the vessel is more related to a product liability cause of action.
If you have more questions about maritime law, contact our maritime injury attorneys today for a free consultation.
