What Is Admiralty and Maritime Law?

Because these cases fall under federal jurisdiction and involve specialized statutes like the Jones Act, DOHSA, and COGSA, maritime claims follow rules that differ from ordinary personal injury or contract cases.

Admiralty law is invoked when there is an injury on a navigable body of water. Admiralty law also handles disputes involving maritime contracts and federal maritime statutes.

Today, admiralty law is also known as maritime law. Initially, admiralty law referred to the legal process of litigating admiralty claims in court. Both admiralty and maritime are interchangeable when referring to this area of law. Keep reading to learn more, and when to consult a maritime attorney for legal help.

Federal Jurisdiction

The United States Constitution gives federal courts jurisdiction over “all cases in admiralty and maritime.” This means admiralty is the only practice area granted federal jurisdiction in the Constitution. Case law has developed into general maritime law. Additionally, states have their own maritime statutes. Federal courts allow claimants to recover under both federal and state law for maritime claims.

Maritime cases consist of torts and contracts. Maritime torts encompass:

• Personal injury claims
• Boating accidents
• Vessel collisions

Maritime torts must have occurred on a navigable body of water. Admiralty law governs maritime contracts such as:

• Marine insurance
• Bills of lading (which deal with goods shipped on board a vessel)
• Cruise ship passenger contracts

Federal Maritime Statutory Remedies

Congress has provided federal statutes that give rights to seamen (Jones Act), longshoremen (LHWCA), seafarer’s beneficiaries (DOHSA), and shipowner and cargo owners (COGSA). Keep reading to learn more about these statutes.

Jones Act

The Jones Act gives seamen (crew members) rights when they are injured onboard the vessel during the scope of their employment. If a seaman is injured, they can recover costs for medical care. The Jones Act also holds the employer accountable for providing a reasonably safe place to work. A seaman may have a claim for unseaworthiness if the vessel has a defective condition that caused a seaman’s injury.

Longshore and Harbor Workers’ Compensation Act

The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal law that requires employers to provide compensation to maritime workers for injuries and illnesses while in service of the vessel (or a fleet of vessels).

Death on the High Seas Act

Death on the High Seas Act (DOHSA) is a federal wrongful death remedy for decedents fatally injured on the high seas, three nautical miles from shore. The decedent’s beneficiaries can recover for pain and suffering and other damages.

Disclaimer: Any individual can recover under this statute on behalf of a loved one. The decedent does not have to be a maritime employee (e.g., a worker dies from an oil rig explosion, or an individual falls off a yacht).

Carriage of Goods by Sea Act

The Carriage of Goods by Sea Act (COGSA): Federal statute and codification of the international law treaty, the “Hague Rules.” COGSA determines the rights and liabilities of shipowners and cargo owners when they are loading and unloading cargo, in transit, or have lost or spoiled cargo, etc.

Maritime and Admiralty Law: Terms To Know

• Admiralty Court: A federal court, sitting in admiralty, has jurisdiction over maritime cases when admiralty rules are used
• U.S. Coast Guard: A federal agency responsible for enforcing all federal laws on the oceans, seas, and other bodies of water in or near the United States
• Jurisdiction: A legal term for the court’s authority to hear a specific case; federal courts generally have jurisdiction over admiralty cases
• Maritime: Anything related to navigation on water; another word for admiralty

Get Legal Advice: How To Find an Admiralty Law Attorney

Admiralty law is a specialization that requires a maritime lawyer with knowledge of the maritime industry. A maritime attorney will help you determine which types of maritime claims you may have. For example, if you are a seaman (if you work on a vessel), proections under the Jones Act will be critical to your claim.

Maritime lawyers can also help if insurance companies refuse to cover medical bills for an injury on a vessel (or any maritime accident). They can determine if your injury qualifies as a maritime injury and recommend next steps.

Whatever your maritime legal issue, help is available. FindLaw’s directory of maritime and admiralty lawyers can get you started. Enter your city or zipcode to find a list of qualified legal advisors near you. Your search results will also include contact and ratings information.

Related Practice Areas

• International Law
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• Antitrust and Trade Regulation
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