Maritime law, also known as admiralty law, is a specialized legal framework that governs activities and disputes on the high seas, navigable waters, and related matters. It encompasses regulations for shipping, navigation, marine commerce, and maritime accidents. Maritime law ensures the proper conduct of individuals and organizations operating in marine environments while addressing issues such as shipping contracts, maritime injuries, and environmental protection.
The United States Constitution grants authority to the federal courts to exercise admiralty jurisdiction since maritime suits often involve questions of national importance that concern commerce, international relations, and foreign citizen rights.
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Typically, admiralty jurisdiction covers cases where the claim arises from an accident on the navigable waters of the United States and involves maritime commerce.
Admiralty jurisdiction also covers contracts concerning “the navigation, business or commerce of the sea,” and crimes committed on the high seas against a US vessel or a US citizen.
Furthermore, the United States Supreme Court has held admiralty jurisdiction is not limited to cases involving commercial vessels.
Simply put, accidents involving privately owned boats on navigable waters can be brought in admiralty courts, even if the boat was only used for a fun day trip with family and friends.
Other laws apply in cases involving longshoremen, stevedores, and harbor workers, which you can read about in our post: Two Powerful Remedies for Injured Longshoremen and Harbor Workers.
A court has exclusive jurisdiction over a claim if it has the power to hear the claim to the exclusion of all other courts. Federal courts have exclusive original jurisdiction of all civil cases of admiralty and maritime jurisdiction, but individuals do not have to bring maritime cases in federal courts.
Long ago, Congress issued the Judiciary Act of 1789 which gave state courts concurrent jurisdiction (meaning that a case can be brought in more than one court) to hear most types of admiralty actions as long as there is a remedy available under the common law.
In other words, state courts can hear maritime cases as long as the state court is capable of granting some relief to the parties that they wouldn’t necessarily have access to in the federal court system.
Characteristically, cases normally brought in state courts instead of federal courts are ones that involve tort actions or where a state court can get personal jurisdiction over the defendant.
There are a few types of admiralty claims that a federal court has exclusive jurisdiction over and must hear, including the enforcement of a maritime lien, foreclosure on a preferred ship mortgage, limitation of the vessel owner’s liability, any proceeding where the ship itself is being sued (in rem proceeding), and maritime suits against the government.
It is the choice of the parties to bring their case in state or federal courts. This choice is an important one because the parties may have different or more favorable rights under federal maritime law than they would have under state law or vice versa. When a case is brought in state court, the court must apply substantive federal law and state procedural law.
This rule ensures that federal maritime laws govern all maritime cases but allow the states to hear maritime cases based on their own procedures and common law. This distinction is important because in many respects federal admiralty law differs from state law.
Possibly the most critical difference between maritime law and common law courts is that admiralty judges only apply general maritime law and conduct trials without juries.
For cases involving maritime law, such as those involving an offshore injury, it is important to find a lawyer who understands the intricacies of this complex area of law.
The Houston maritime injury lawyers at Armstrong Lee & Baker LLP are well-versed in the ins and outs of the laws that apply in maritime cases.
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If you or someone you know has been injured in an offshore incident and needs to speak to an experienced maritime attorney, contact 832-402-6637 for a consultation regarding your case.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf. In the process, he has recovered millions for his clients.
Frequently Asked Questions
Absolutely nothing. At Armstrong Lee & Baker LLP, our attorneys work on a contingency fee basis. This means that you owe us nothing unless we win your case, whether that’s in the form of a settlement or a judgment. We offer a free consultation to anyone who thinks they might have a personal injury case.
We suggest speaking with an attorney as soon as possible after your injury. Something to keep in mind is that all personal injury cases need evidence, and that evidence often degrades over time. As a result, many jurisdictions have a strict statute of limitations (or time limit) for filing a claim. In Texas, most victims have only two years from the date of injury to file, so it is important to start building your case immediately.
In the state of Texas, employers have the option of filing for workers’ compensation insurance. This policy covers them in case an employee suffers an injury on the job. However, some employers choose to be non-subscribers, which means they opt out of this coverage and lose certain legal protections. This means that if an injured employee sues them after a work injury, they may end up paying more damages. In addition, they may be liable for pain and suffering, punitive damages, and medical benefits. Learn more about non-subscriber injuries here.
The Texas Department of Insurance (TDI) keeps track of employers that report their non-subscriber status. Currently, you can find a spreadsheet of every reported non-subscriber business in Texas under TDI’s workers’ compensation insurance coverage verification page. This includes the business address, business name, and filing dates. Learn more here.
There are a few different ways to manage your bills while waiting for your case to settle. For medical treatment, it is common to arrange a lien with the doctor’s office or hospital. A medical lien is essentially an agreement to pay back your treatment costs with a portion of your potential settlement. Another option for miscellaneous bills, such as rent, utilities, or other essential expenses, is lawsuit funding. Much like a lien, you pay these loans back with a portion of your settlement or judgment. However, these loans have high interest rates and fees, so be sure to discuss this option with your attorney.