Admiralty and Maritime Law Suits

Offshore Cases

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Admiralty law or maritime law is that body of law that governs navigation and shipping. Under admiralty the law of the ships' flag determines the source of the law. For example, a ship flying a Swedish flag in American waters would be subject to Swedish admiralty laws.

Injuries that occur on navigable waters are governed by special laws. Those special laws include: General Maritime Law; The Jones Act; The Public Vessels Act; and The Death on High Seas Act.

Under The Jones Act, seamen are entitled to protection from negligence and un-seaworthy vessels. A seaman is a member of the crew of a vessel (boat, ship, or other floating or motorized structure). A seaman must contribute to the function of the vessel, the accomplishment of the vessel's mission or the vessel's maintenance. Seamen would include: officers, engineers, deck department workers and other members of a ship's crew. Included as seamen are: oil rig tool-pushers, drillers, rough necks, cooks, and other workers on jack-up oil rigs, semi-submersible rigs and drill ships.

Admiralty lawsuits can include the following: back, neck, or shoulder injuries relating to heavy lifting and cargo handling. Admiralty lawsuits can arise from broken bones, paralysis, and amputations that are due to un-seaworthy conditions on board a vessel. Also covered would be burns caused by explosions on oil rigs or ships, electrocution injuries, drowning or deaths due to defective equipment on tugboats, oil rigs, ships, or harbor facilities.

Unlike land-based workers, many employees who are injured on ships, barges, and other maritime craft are not covered by worker's compensation laws. They are, however, protected by the other aforementioned unique laws, which can only apply to them, and not to other people.

When a seaman dies as a result of an employer's negligence or because of an unworthy vessel, the worker's family can file for benefits under The Death on High Seas Act. The Death on High Seas Act was first passed in 1920. Any Death on High Seas lawsuit must commence within three years from the death of the seaman.

Admiralty and maritime lawsuits can also be applied to cruise ship passengers. If anyone who is a passenger on a cruise ship is ever the victim of an accident or assault on a cruise ship, they may be due compensation for what happened to them while they were a passenger on said cruise ship. There have been numerous cases that have been tried in court, on behalf of cruise ship passengers, which have been successful.

If you or someone that you know believes you have a legitimate admiralty or maritime personal injury case, please submit your claim to Baldwin & Baldwin, a personal injury law firm that specializes in admiralty and maritime cases. Please consult with them in a timely manner, as statute of limitation laws do apply to admiralty and maritime cases.

Please Note:
Statutes of limitation may apply and determine how long you have to file a lawsuit. In the case of personal injury litigation, the type of injury as well as the state the injury occurred in are some of the factors used to determine the length of time you have in which to file a lawsuit. Read the statute of limitations in your state.

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