If you have suffered property damage or been injured at sea, you are probably already familiar, but if not, you are probably a bit confused by the terms. These two terms are often used interchangeably, but at one time they were not one and the same. The term admiralty originally referred to a judicial court in American and English colonies. This type of court ruled over contracts and torts of the sea and were eventually expanded to include any losses and injuries on all navigable waters and not just the sea.
Maritime law, however, stemmed from the expansion in order to address and correct the hazardous traveling and working conditions in the offshore commercial undertakings.
Maritime law, on the other hand, was more in favor of seaman and recognized their dangerous working conditions, low wages, and how they were at the mercy of the vessel on which they worked. Today, there is no difference between admiralty law and maritime law and the two are used interchangeably. These laws cover a variety of cases including contracts, torts, injuries, and other offenses that take place on any navigable water. It is the federal courts that have jurisdiction of matters of admiralty and maritime law.
These statutes detail guidelines that explain regulations and rules based on torts, contracts, and how maritime and admiralty cases should be handled. Although they are federal cases by nature, sometimes admiralty and maritime law cases are handled by the state court.
Now that you know the meanings of maritime law and admiralty law, it is important to also know what is covered under this type of law. Cruise Ship Tender Boat Injury - Pursuing a Claim When attempting to pursue a claim when injured on a tender boat, the passenger may need to prove certain issues in the courtroom such as negligence or intentional harm from the captain of the tender boat. Cruise Ships and Liability Cruise ships sail in the open water to various destinations.
Defective Equipment on a Cruise Ship and How a Lawyer Can Help When harmed by defective equipment on a cruise ship, the victim will need legal support to understand who is responsible, how to proceed with the claim and how much compensation is reasonable and fair for the accident. Filing a Claim against a Cruise Ship - Contractual Limitations There are limitations imposed by the cruise ship liner because of the contract between passenger and company through the ticket, and these restrictions can lead to serious problems when the individual needs to initiate a claim against the company.
How Maritime Laws Differ from State Laws for Cruise Ship Injuries Maritime laws often change various aspects of a claim against a company or person based on the injuries and where the person sustained bodily harm. What is a Flag of Convenience? Where to File a Claim if Injured on a Cruise Ship Filing a claim after sustaining an injury on a cruise ship is a more complex matter than the plaintiff may believe because of the company attached to the cruise ship and where the ship docks versus where the business resides.
Not every personal injury case near or on the water requires hiring a maritime lawyer. Learn more specifics as to when it is necessary to hire a maritime attorney. When a maritime worker aboard a vessel ships, tugs, towboats, cruise ships, ferries, launches, fish boats is injured or loses their life, the maritime law is usually involved. Licensed merchant mariner and admiralty lawyer, John K.
Fulweiler, Esq. Small vessels such as sailboats, fishing boats, private cruising vessels can cause accidents that lead to legal claims where the driver or owner is ordered to pay damages to someone who was injured in the accident.
However, if a vessel is far enough away from the shore, maritime law may come into play. Accidents in the water may lead to litigation if the person survives after sustaining an injury on a small vessel, and then it is vital to understand who the liable party is for the damages incurred during the incident. These situations may require a thorough investigation to determine the at-fault party and which person or company owes compensation to the victim.
This also applies to criminal law governing the ship's crew. But the ship must be flying the flag legitimately; that is, there must be more than insubstantial contact between the ship and its flag, in order for the law of the flag to apply.
American courts may refuse jurisdiction where it would involve applying the law of another country, although in general international law does seek uniformity in admiralty law. Just as the Federal Rules of Civil Procedure placed law and equity under the same jurisdiction in , the rules subsumed admiralty.
Nonetheless, the Supplemental Admiralty Rules take precedence over the Federal Rules of Civil Procedure in the event of conflict between the two. Category: Business Sectors. Please help us improve our site! No thank you.
The United Nations UN , through the International Maritime Organization IMO , has issued numerous conventions that can be enforced by the navies and coast guards of countries that have signed the treaty outlining these rules.
Maritime law governs many of the insurance claims relating to ships and cargo; civil matters between shipowners, seamen, and passengers; and piracy. Additionally, maritime law regulates registration, license, and inspection procedures for ships and shipping contracts; maritime insurance; and the carriage of goods and passengers. The IMO established in as the Inter-Governmental Maritime Consultative Organization, and coming into force in is responsible for ensuring that existing international maritime conventions are kept up to date, as well as developing new agreements as and when the need arises.
Today, there are dozens of conventions regulating all aspects of maritime commerce and transport. The IMO names three conventions as its core:. On its website, the IMO has a complete list of existing conventions, historical amendments, and explanatory notes.
The governments of the IMO member states are responsible for the implementation of IMO conventions for ships registered in their nation. Local governments enforce the provisions of IMO conventions as far as their ships are concerned and set the penalties for infringements. In some cases, ships must carry certificates onboard to show that they have been inspected and have met the required standards.
The country of registration determines a ship's nationality. For most ships, the national registry is the country where the owners live and operate their business. Ship owners will often register their ships in countries that allow foreign registration. Called "flags of convenience," the foreign registration is useful for tax planning and to take advantage of lenient local laws.
Two examples of "flags of convenience" countries are Panama and Bermuda.
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