What Is Admiralty and Maritime Law?

Admiralty and maritime law is a broad legal area covering maritime commerce, shipping, and offenses that happen on navigable waters. Shipowners, captains, and crew members should be aware of how this area of law works, but it doesn’t affect only people who work on ships. Anyone who spends time on lakes or rivers can find themselves involved in a maritime case.

The following overview will give you a look at common scenarios that involve maritime law. If you think you might have a case, speak with a lawyer who can help you understand how to bring a case that can involve U.S. and international law.

What Is the Difference Between Admiralty Law and Maritime Law?

The terms “admiralty law” and “maritime law” are often used interchangeably and function as synonyms. However, a distinction can be drawn between them:

• Admiralty law defines the scope of admiralty courts’ jurisdiction
• Maritime law is the substantive body of law that admiralty courts use to decide cases

Like the common law, general maritime law consists of the cases that admiralty courts have decided.

Which Courts Have Jurisdiction Over Maritime Issues?

Under Article III of the U.S. Constitution, Congress has given U.S. federal district courts original jurisdiction over cases involving maritime matters and nautical issues and disputes (28 U.S.C. § 1333). Courts with admiralty jurisdiction use a combination of U.S. law and international law to address legal issues that arise from incidents on navigable waters. This includes oceans, rivers and lakes.

Admiralty courts determine which country’s law to apply based on the flag the ship is flying. For example, a ship flying the American flag in Japanese territorial waters is subject to U.S. admiralty laws; a ship flying the Japanese flag in American territorial waters is subject to Japanese admiralty laws.

A ship’s crew cannot fly just any flag; there must be some connection between the ship or crew and the country whose law is being applied. Sometimes American courts will reject jurisdiction over maritime cases when they would need to apply another country’s law.

Common Legal Scenarios in Admiralty and Maritime Law

Maritime cases can involve two or more ships, a ship captain, the obligations to workers or passengers, or the rights of crew members. Because this area of law can include anything that happens on navigable waters, it could conceivably include every area of law. That said, there are some scenarios that are more common than others.

• Commercial accidents. Admiralty and maritime cases might take the form of personal injury claims if crew members or passengers on a cruise ship were injured in an accident. These can be personal injury, wrongful death, or workers’ compensation cases, but they may be complicated by international laws or U.S. treaties.
• Property damage. Some cases arise from accidents that result in property damage or hazardous chemical spills. Again, these cases can involve international law or the laws of other counties, depending on who else is involved in the accident or where the chemical spill happened.
• Towage contracts. Maritime cases can also involve towage contracts, which is an agreement where one vessel is hired to move another. They can also involve liens and mortgages against ships or piracy and criminal activity.

Maritime cases are commonly handled in federal court, but if the case involves recreational boating accidents, you may also be able to bring your case in state court. There are advantages to choosing one venue over the other, so you may want to speak with a lawyer to decide where you should bring your case.

Should I Talk To a Admiralty and Maritime Lawyer?

Nautical disputes and boating accidents can involve other areas of more generalized law, but the interplay of U.S. and international law will affect your case. A lawyer who understands this interplay and relevant statutes and treaties will be indispensable. Your lawyer can also help you gather necessary evidence, including medical documents and ship-related documents. They will also contact and interview potential witnesses.

A lawyer will be able to anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.

Admiralty and Maritime Lawyer FAQs

Below are some common questions you might want to consider when meeting with an attorney for the first time.

1. What is your experience with admiralty and maritime claims?
2. What does admiralty and maritime jurisdiction mean?
3. What should I do if I was injured on a cruise line?
4. What is the statute of limitations for bringing an admiralty & maritime tort claim?
5. What “laws of the sea” apply on international waters?
6. Do state laws or federal laws govern my case?

Finding the Right Attorney for Your Needs

Visit the Super Lawyers directory to find a lawyer who practices admiralty and maritime law.