Maritime Laws

Published on: August 15, 2023

Tug, Barge, and Towboat Hazards

Employment aboard a tugboat carries inherent risks, emphasizing the crucial role tugboat owners play in maximizing crew safety and assuming financial liability in case of crew injuries. Regrettably, many tug and barge companies neglect these obligations. However, Federal Maritime law offers unique protection for crew members who sustain injuries while working on tugs, barges, and towboats.

Jones Act Law

The Jones Act establishes a legal avenue to pursue claims of negligence against an employer if an injury occurs. Employers have an obligation to ensure a safe work environment for all maritime workers. Most maritime accidents can be avoided by adhering to proper safety protocols, supplying a competent crew, and maintaining the condition of a ship’s equipment in a reasonable and safe manner. According to maritime law, the owner of the vessel is required to furnish workers with a seaworthy ship, and this obligation is absolute.

Published on: July 25, 2023

What is Maritime Law?

by Nigel Stacey

Maritime law, also known as maritime injury law or admiralty or law, is a specialized area of law that deals with legal issues arising from accidents, injuries, and disputes that occur on navigable waters, including seas, oceans, rivers, lakes, and other waterways. This body of law encompasses both civil and criminal matters related to maritime activities and serves to regulate and govern maritime commerce and navigation.

Key aspects of maritime injury law include:

Jones Act Claims: As mentioned earlier, the Jones Act is an essential component of maritime injury law. It allows seamen who suffer injuries while working on vessels engaged in maritime commerce to seek compensation for damages and medical expenses from their employers if negligence is proven. This law provides unique protections for seafarers injured in the course of their employment.

Published on: January 25, 2022

What is a Maritime Lawyer?

by Nigel Stacey

People often believe that all attorneys know all the laws of the land. Just as you would go to a trained cardiologist for heart issues or a radiologist to diagnose a broken bone, there are many types of lawyers who are versed in many types of law. It is always best to engage with a specialist.

Why Should You Work with a Maritime Lawyer?

Maritime Law is a very specific set of rules and laws that deal with injuries and accidents that occur on or near a body of water, a lake, ocean, or sea. While these laws were originally created to address national and international commerce, they have since expanded to include fishing vessels, recreational and passenger boats, oil rigs, and more. Virtually anyone injured on or near a body of water should consult with an attorney who specializes in Maritime Law.

Published on: September 22, 2020

F/V Atlantico Crew Member Suffers Back Injury

by Nigel Stacey

U.S. Coast Guard watchstanders received a call on September 16th from the F/V ATLANTICO reporting that a 40-year-old crew member had suffered a back injury.

The Duty Flight Surgeon was consulted regarding the nature of the injury, and a medevac was recommended. The District 17 command center ordered the launch of an Air Station Kodiak MH-60 Jayhawk helicopter and aircrew. The injured fisherman was hoisted, transferred to Cold Bay, then transported to Anchorage to awaiting medical personnel.

“Good coordination between the Atlantico crew, command center personnel, and the Jayhawk aircrew attributed to our ability to successfully perform this medevac and get the injured fisherman to proper medical care,” said Lt.j.g. Lindsay Wheeler, a District 17 command center watchstander.

Published on: June 15, 2020

Limitation of Liability in Maritime Law

by Joseph Stacey

When fishermen or crewmembers are injured or perish in accidents at sea—due to negligence or carelessness by the vessel’s owner, another crewmember, captain, or skipper—Jones Act Law requires that the injured party be compensated.

But what happens when vessel owners work to find ways around paying out what wrongfully-injured workers deserve? One strategy owners have tried is an archaic law called the Limitation of Liability Act. This obscure legislation is sometimes called on to limit a vessel owner’s liability after a particularly devastating accident in which property or life has been lost.

The act was passed by the U.S. Congress in 1851 (the same year that Moby Dick was published) to protect maritime trades and ship owners from complete financial ruin. However, many legal experts believe that this act is showing its age, and that it comes from a different era with different understandings of risk. The purpose of the act was originally to promote the development of the American merchant marine, which is now fully established.