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What Law Applies To Maritime Injury And Death Cases?

The general maritime law of the United States applies to all personal injury and death cases occurring on the navigable waters of the United States superceding and replacing all state laws.

The navigable waters of the United States consist of the inland river systems, the intracoastal waterway, the Great Lakes, other navigable lakes, rivers and canals, and the offshore waters of the United States.  About the only bodies of water that are not considered navigable waters are a few western rivers and lakes that are totally within the boundaries on one state, such as the system of lakes in Florida created by the builders of Disney World.  Accordingly the reach of federal maritime law is far more pervasive than most would expect.

The United States Supreme Court has defined "vessel" as "every description of watercraft or other artiticial contrivance used, or capable of being used, as a means of transportation on water".  Therefore a supertanker is a vessel but so is a personal water craft such as a jetski.  Further, even offshore drilling rigs which have no propulsion system and must be towed to the drill site are vessels.  No commercial use is required as every form of pleasure boats from mega yachts to houseboats to canoes are included.

Examples of traditional maritime activities include single vessel accidents,  collisions between two boats, allisions where a moving boat strkes a non-moving object such as a bridge or pier, swimmers struck by boats and even the death of a parasailor who was swept ashore by a gust of wind after the towline was cut.

If the general maritime law applies the injured party has three years to commence a lawsuit.  If the local state law only allows two years for filing, the claim period is extended, but if the state law allows four years to file, as in Florida, the time for filing is shortened to the three year maritime limit.  In addition there are other significant differences between some state laws and the general maritime law.

The bottom line is, if the accident or injury occurs on, in, or near the water, attorneys and potential claimants should look for some maritime cause of action.

Learn more about Maritime Law

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