Admiralty Law & Maritime Law

Maritime law is steeped in the long history of maritime commerce. For centuries national and international trade has relied heavily on ship traffic on navigable waters of the world. A specialized code of laws grew along with the rise of shipping, piracy, and the uniquely perilous world of the ship’s crew. Most countries have their own body of maritime law that deals specifically with:

Seamen and other maritime workers’ rights
Recreational vessels
Commercial vessels
Maritime locations such as a dock, wharf or pier
Crimes at sea
Death at sea
Maritime insurance issues

Maritime Law Claims

All sea-going vessels maintain maritime registration and fly the flag of the State in which they are registered. The flag flown typically determines what country’s admiralty law will apply to the ship and any acts that occur on board. Over time a number of ''registries of convenience'' have arisen around the world. These flag States have attractive benefits for ship owners but may be remote from the actual residence of the owner. Nevertheless it is important to accurately and quickly establish the laws that applies in order to avoid statute a of limitations or laches defense for a claim.

Selected United States Maritime Laws

The Jones Act (46 App USC §688)

The Jones Act provides seamen injured on the job a remedy against their employer . It also provides survivors of seamen killed on the job the right for compensation from the employer. Jones Act suits can be brought for compensation for injuries or death sustained due to negligence, unseaworthiness, or failure to give appropriate medical care after an injury.

Death on the High Seas Act (46 App USC Chapter 21)

The Death on the High Seas Act was originally enacted to provide a remedy for the surviving family members of seamen killed due to a wrongful act at sea. The law has been enlarged, and now applies more broadly and has been used for aviation recoveries, as well.

Longshoremen and Harbor Worker's Act (33 USC Chapter 18)

The Longshoremen and Harbor Worker’s Act provides for worker compensation for covered non-sailing maritime employees who are injured or killed while at work. Specifically, the Longshoremen and Harbor Worker's Act applies to any person engaged in maritime employment, including any longshoreman or other person engaged in longshoring operations, and any harbor-worker including a ship repairman, shipbuilder, and ship-breaker, with certain exceptions detailed in the Code.

Maritime Lien Act (46 U.S.C.A. 31341–31343)

The Maritime Lien Act provides for the application of maritime liens for those providing certain services, such as towage.

The Carriage of Goods by Sea Act (46 U.S.C.A. §§ 1300–1315)

The Carriage of Goods by Sea Act includes legal provisions related to the shipper/carrier relationship when goods are shipped by vessel.

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