What is the Maritime Injury Law , Maritime injury and Accident Helpline

Admiralty law or Maritime Injury law is a highly specialized area of the law that can generally be described as that area of the law having legal control over vessels (ships, boats, barges or any other structure) that navigate (move from place to place) over water.

The federal courts have exclusive jurisdiction over claims on the high seas , Admiralty claims, and these Maritime claims are tried in the Federal Courts without a jury. The exceptions are personal injury cases which by a proposition known as the ”saving to suitors clause” can be brought, at the option of the injured person in a State court with a jury as would any personal injury lawsuit.

In the United States constitution we incorporated English Admiralty law in its entirety as the basis for United States Admiralty law. As ships move across water from country to country the world has found it best to make the Admiralty laws of each country consistent with one another.

This is done by agreeing to many international treaties on various legal issues. That having been said the United States probably has the most generous provisions to help those injuries governed by Admiralty law. London and New York have traditionally been the centers for world admiralty law.

Maritime injuries

The first and most important aspect to consider is the date of the injury. There is a three (3) year Statute of Limitation for all injuries on the seas or Admiralty cases which means if you do not sue the negligent party who injured you within three (3) years of the date of the injury you forever lose your right to file this law suit and all your legal rights.

An exception that hurts injured passengers says that a passenger carrier can put a provision in the passenger ticket requiring a six (6) month notice of injury provision of the injury claim and requiring law suit within one (1) year of the date of the injury. Every passenger ticket has this provision, and it is necessary to save your passenger ticket.

Jones Act and Seaman Injuries

These are personal injuries that happen to a crew member of a vessel. To be crew (a seaman) you must be attached to a vessel or fleet of vessels under the same ownership while performing approximately thirty (30) percent of your work, and that work must aid in the mission (job) of the vessel. The Courts have a broad definition aiding in the job of the vessel. (For example a ship’s dancer is crew, as is the person who comes to a docked vessel in navigable waters regularly to clean and then goes home)

If you are a Jones Act Seaman the law gives you special protection. You are, among other things, a “Ward of the Admiralty Court”. Your burden of proof at trial is small as you must prove negligence only greater than a scintilla (small amount) of evidence to recover for your injury. You have the right to seize the property of the vessel to protect your rights.

The ship owners have a classic technique to defeat Jones Act claims it is called “attack the plaintiff.” You and your lawyer must be prepared for this attack. Remember the defense lawyer earns his living by “attacking the Plaintiff.”

General Maritime Law Negligence and Un-seaworthiness

These actions are also available to the Jones Act seaman. the burden of proof is preponderance of the evidence (more than 50% percent), and seaworthiness is a concept that requires the vessel owner to put his vessel in to a seaworthy (able to properly go to sea and fully perform the mission of the vessel) condition before the voyage, and if he fails to live up to that responsibility and that failure causes injury the owner is liable for that un-seaworthiness.

Extremely important is maintenance and cure which is part of general admiralty law and applies to all crew. If you are injured or fall ill during your course and scope of employment on a vessel; the vessel owner must pay you your living expenses (maintenance) and your medical expenses (cure) until you have reached what is called “maximum medical improvement” (MMI). Failure on the part of a seaman’s employer to supply maintenance and cure may subject the employer to severe penalties.

Passengers and others who board a vessel for business purposes.

The care owed to these injured people is “reasonable care under the circumstances.” At first look it is a standard quite similar to injuries that happen on land. The difference is that a ship and the sea can be inherently dangerous places, and require a much more specialized knowledge to determine what exactly were the circumstances and what would be reasonable care considering the danger.