Admiralty and Maritime Law

Last updated May 1, 2024

Admiralty and maritime law is the law of the sea. This refers to the rules and regulations for actions on seas, oceans, and navigable waters of the United States. Maritime law covers many legal issues, including shipping, navigation, and disputes involving ships. It also includes regulations on maritime injuries, maritime contracts, and criminal offenses that happen on open water. This includes someone tripping on a Mississippi riverboat cruise or a container falling into the Pacific Ocean. 

The laws and legal proceedings for maritime cases are generally subject to the jurisdiction of federal courts instead of state courts. This article provides an overview of admiralty and maritime law. This includes maritime legal actions, jurisdiction, and legal procedures. If you have questions about maritime law, contact a local maritime law attorney for legal advice. 

What Actions Fall Under Maritime Law?

Many types of cases fall under maritime law. Maritime law is also called admiralty law. Some of the most common issues tried under admiralty law include:

  • Commercial shipping
  • Recreational boating
  • Salvaging and towage
  • Water pollution
  • Maritime crew rights
  • Boating passenger rights

Commercial Activities

Maritime law governs commercial activities that take place on navigable waters. This includes the carriage of goods, maritime commerce, and maritime services. Admiralty law dictates water-based shipping rules and regulations. For example, ships and barges carrying cargo must adhere to admiralty rules.

Insurance claims for product damages or personal injuries on the open water go through maritime procedures. Maritime workers on land may be eligible for workers’ compensation. However, these options typically don’t apply to maritime employees at sea. Instead, the Jones Act covers sailors injured within the scope of their employment on a boat. You can sue your employers and crewmates for personal injuries and negligence.

Shipping carriers are responsible for safeguarding any cargo on their ships. Carriers are generally responsible for any theft, damage, or loss of commercial goods during shipping.

Commercial shipping insurance is an integral part of maritime law. Ship owners and companies are generally liable for any damages. Proper marine insurance policies will protect businesses from liability under admiralty and maritime jurisdiction. 

Recreational Activities

General maritime law applies to recreational and leisure activities on navigable waters. Maritime liability laws also regulate recreational boating accidents. Cruise ships registered and flagged to the U.S. are also held to the rules of federal maritime laws. This includes rules for passenger safety, liability, and litigation. Negligence could make ship owners liable for injuries and property damage.

Cruise ships are generally bound to the laws of the country where they’re registered. Some American-based companies register their ships in other countries to avoid original jurisdiction. However, foreign registration makes them liable to the rules of those nations instead.

Maritime law also applies to torts and personal injury claims. If you have an accident while riding a jet ski, your personal injury lawsuit may involve maritime claims. 

Salvaging 

Maritime laws can govern salvaging, towage, and recovery. In general, if you help a distressed or deserted ship, you could get compensation. If you don’t receive any award for your assistance, you may have grounds for placing a lien on the salvaged goods under federal statutes.

Many particular rules and regulations apply to salvaging ships or recovering lost or abandoned ships. Wholly abandoned shipwrecks may automatically belong to the U.S. government.

Ocean Pollution

Maritime law addresses and punishes water pollution caused by ships and maritime activities. It sets rules that ships must follow to prevent pollutants from entering the ocean. For example, it regulates how ships dispose of oil, waste, and other harmful materials to protect marine life and water quality. 

If a ship causes pollution, the ship’s owners are accountable. Ship owners can face penalties, including fines or legal action. This works alongside national and international law to ensure that our oceans and waterways remain clean. Maritime law keeps our waters safe for marine creatures and supports the health and livelihoods of people who depend on clean water.

Congress has admiralty and maritime powers through the U.S. Constitution. For example, the Death on the High Seas Act of 1920 is a federal law governing wrongful death claims for deaths that happen at sea. 

The Titan submersible accident in June 2023 highlights the importance of admiralty jurisdiction. The accident resulted in the implosion of the vessel and the loss of all onboard near the Titanic wreck site. The accident happened in international waters. A ship from one country transported the vessel out to sea. The vessel was licensed in another country. The submersible carried passengers from many different countries. The outcome can be very different depending on what laws apply.

How Can a Maritime Lawyer Help?

The distinct requirements of maritime law can be challenging to navigate. Working with an admiralty case attorney can help you through your admiralty court case. If you have a maritime legal issue, contact an experienced maritime lawyer. 

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