Admiralty and Maritime Law Topics

If you don't have a high degree of familiarity with admiralty and maritime law practices, don't worry. Most civilians never have to consider admiralty and maritime law, and some might not even realize that there is a specific type of law that governs maritime issues.

However, for those who own and/or operate sea vessels, it's critical to be aware of the admiralty and maritime laws protecting them and their employees. For instance, if an importer or exporter transports items via the sea, ocean, rivers, or any other waterways, a basic knowledge of admiralty and maritime law is essential.

In fact, many maritime-based companies hire someone part- or full-time to be a corporate counsel in their company cases or issues involving admiralty and maritime law. However, most corporations only hire admiralty and maritime law professionals when the need arises, as it's such a specialized field.

This topic area is so specific that most attorneys never have to deal with admiralty and maritime law issues at all. They might study various maritime legal concepts during their years in law school or even attend continuing legal education courses where admiralty and maritime law is mentioned, but if they don't have a need to practice in that area during their careers, their admiralty and maritime law skills become woefully outdated very quickly.

Hiring a lawyer with an in-depth, hands-on knowledge of admiralty and maritime law matters is critical because, as is noted in Article III, Section 2 of the U.S. Constitution, the U.S. federal courts have jurisdiction regarding maritime issues. That means your admiralty and maritime law attorney needs to be prepared to plead your case in federal court, which can be fairly intimidating for an attorney who is accustomed to only dealing with local courts.

It is for all these reasons that our team of legal professionals stays well-versed in matters of admiralty and maritime law. We also make sure that we stay on top of admiralty and maritime law news items, as we feel that's the best way to ensure top-quality representation for our clients. We pride ourselves on being at the cutting edge of admiralty and maritime law; thus, if you choose us as your legal representatives, we will provide you with the solid service you deserve.

Remember – not just any attorney can efficiently and effectively handle your admiralty and maritime law case; you need and deserve one with a background in admiralty and maritime laws. Contact a dedicated and experienced admiralty and maritime lawyer today.

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Admiralty Law News

On May 9th, 2006, in Louisiana, the Louisiana Department of Wildlife and Fisheries Enforcement Division rescued three commercial fishermen after their commercial fishing boat sank in White Lake. The men, all commercial fishermen, managed to swim to a nearby shore after their boat capsized. The Louisiana Department of Wildlife and Fisheries Enforcement Division agents were able to rescue the men, but due to rough seas, the agents had to wade from the rescue boat to shore to retrieve the commercial fishermen. Agents were alerted as to the missing men by one of the commercial fishermen's wives who reported her husband missing.

Rough waters and bad weather seem to be responsible for the capsizing of the commercial fishing vessel in White Lake. No other information as to the accident has been reported.

July 13, 2006 – Two commercial fishermen are confirmed dead after their commercial fishing boat capsized in the waters off Santa Cruz Island in California. A third commercial fisherman, who was the captain of the vessel, survived the accident that killed the other two.

Police are looking into the role of weather and environment on the accident.

According to the captain, the commercial fishermen were fishing for sea bass when their commercial fishing nets began to drag behind the boat. Within only a few minutes, the commercial fishing boat began to take on water, and after that it was less than a minute before the boat was completely submerged.

The captain of the commercial fishing vessel managed to swim to safety where he was later rescued by another ship. The other individuals are said to have drowned.

Studies done on, and evidence from, commercial fishing accidents clearly shows that many of these accidents could have been avoided if better safety precautions were followed. Many search and rescue missions could also have been avoided for the same reason. Annually, the U.S. Coast Guard investigates an average of over 1000 fishing boat accident casualties. The causes of the accidents included fire, collisions, capsizing, or boat groundings. Though in the commercial fishing industry there is always heightened risk for unexpected dangerous conditions due to often unpredictable weather and water conditions, many of the accidents could probably have been avoided if certain preventative measures had been taken. Boat overloading, poor fisherman training, economic pressure and failure to maintain safety standards on commercial fishing vessels are only some of the reasons why many accidents are directly caused by human error.

Admiralty Law Statistics

Admiralty law is a specific branch of law geared at regulating shipping and maintaining proper conduct on the seas. Also known as maritime law, admiralty law governs both commercial and recreational ships and seaman. All waters, American and abroad, are subject to admiralty laws. While individual governments may handle justice in an individual manner, ships that break admiralty law are subject to legal consequences from their home country. This means that despite the location of an American ship, for instance, the seaman aboard are subject to the American judicial system if caught pirating or violating some other admiralty law. Technically, the flag displayed on the ship denotes the ship/s home and therefore the country responsible for handling legal matters; however, flying a flag alone does not guarantee a home country. Under admiralty law, the ship and its crew must have a connection to the country of origin as opposed to simply an arbitrary choice of flag.

Admiralty law originated in ancient times; marine work has always carried extreme dangers and need for regulations. American maritime law originated with the British, and their system of separating the laws of the land and sea carried over to the colonies of the Americas. Eventually, admiralty law was passed on to the federal government where it remains separate from common law.

The Jones Act is a part of admiralty law that was formed to protect seaman formerly unprotected under admiralty law. Under admiralty law, a seaman is considered any individual working on the ship that is considered covered by the law. Any seaman aboard a vessel that is not permanently grounded to the ocean floor is considered a seaman covered under admiralty law. The law handles any and all disputes between ships and crew and among a ship's crew.

The Jones Act also allows for compensation for seaman injured while working on a sea vessel. Unlike workers' compensation, admiralty law cases often yield large settlements and are justified when the slightest bit of negligence is proven.

Accidents and other claims under admiralty law are subject to distinct statutes of limitation and should be reviewed and adhered to in order to file a claim properly. Concerning claims, admiralty law statistics can be found on the internet. Statistics may help your claim by providing additional information.

Ship captains are known to downplay the need for admiralty law and protection and may suggest filing a workers' compensation claim instead. Injured parties should seek legal counsel immediately in order to secure the best advice and outcome of a claim.

Admiralty Law Statute of Limitations

Statutes of Limitation exist and vary for most claims under admiralty law. Admiralty law, a body of laws governing and protecting the ships and seaman at sea, are handled by the federal government. Statutes of limitation must be followed in order to ensure proper handling and success with admiralty law claims.

Personal Injury / Death: The statute of limitation regarding personal injury under admiralty law is two years. In general, a claim caused by the collision of the ship with another ship is allotted two years under the statute of limitations. Similarly, an injury to an individual caused by another individual on the ship is allotted two years under the statute of limitations of admiralty laws. Any other personal injury does not have a statute of limitations under admiralty law. Claims by dependents of an injured individual may not by sought later than two years following the action. Dependents of a deceased individual have two years from the individual's death to file a claim.

Personal injury or death claims by passengers on a vessel (as opposed to a seaman) are given two years to file claims. The same time is allotted passengers for claims of lost or damaged baggage or property.

Property Damage: The statute of limitations on property damage caused by the collision of two ships is two years. If cargo is damaged, the statute of limitations is one year, provided the cargo is under contract and subject to specific rules. Other property damage claims are not subject to the statute of limitations under admiralty law.

Other property: In cases of admiralty law where goods are damaged or undeliverable or lost due to accidents at sea, the statute of limitations declares cases may not be brought after one year of the delivery date or intended delivery date. The one-year limitation may be lifted if the parties involved agree to it.

Third Party Claims: In cases where a third party is thought to have contributed in the case, admiralty law and the statute of limitations allows up to one year following the initial judgment to file a claim.

Pollution: Claims regarding pollution and damage resulting from pollution varies depending on the responsible party and the presence or absence of damage as a result of the pollution. Certain claims must be filed within two years of any incident. Other claims are allotted up to six years before the statute of limitations expires.