Our laws are intended, broadly, to address similar situations and carry similar consequences throughout the country. In practice, states have each developed their own set of slightly different laws over the years. Similarly, a body of laws has evolved for nautical activities, and these laws differ somewhat from state or federal laws covering the same subjects. So a maritime lawyer is a lawyer with the expertise to address questions that arise when these maritime laws may come into play. For more information, visit this website.
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Which Set of Laws Applies?
Probably the first question you would have for a lawyer specializing in maritime law is whether the maritime laws apply to your situation. It’s not quite as simple as saying that anything that occurs while you’re afloat is a maritime matter in the eyes of the law. The extent of the body of water in question matters because maritime law applies on navigable waters that allow trade between states or nations. That means that while the deep ocean will almost always fall under maritime law, a river that crossed the border between two American states might also count.
How Different Are the Actual Laws?
The situations covered by maritime law largely overlap with inland law. It’s generally against both sets of laws to deliberately harm another or to cause injury through negligence, for example. It’s also usually illegal to deliberately damage the property of another. But there can be important differences in how a maritime or state law is applied. The statute of limitations for a particular offense might be different as well as the kind of damages that will be awarded following a successful suit.
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Where the laws of a particular territory may or may not be involved in a case along with maritime law, it is essential to get advice from a lawyer who is familiar with the local laws as well as the nautical laws. If, for example, you are injured in a boating accident near Houston, you should be looking to consult maritime and offshore injury lawyers in Houston because they will best understand the interplay of the different jurisdictions.
When Should You Consult a Maritime Lawyer?
It’s probably fair to say that if you’re in a situation where you feel you need some legal advice, and waterways or watercraft of any size are involved, then it would be a good idea to get input from an expert on maritime law. That being said, here are some examples of the kinds of scenarios that may arise:
Injury Sustained While Aboard a Boat or Ship
If you sustain a personal injury aboard a vessel then you should speak with an injury lawyer who has experience in maritime law. It will matter what your reason was for being aboard the vessel because there are somewhat different laws covering passengers and crew. Other factors to be taken into account include whether the injury was deliberate or whether it was the result of a maintenance issue or some other form of negligence.
A good lawyer with an understanding not just of the laws involved, but also of how judgments have been delivered in similar cases, will be able to give you the advice you need about what to expect and how best to pursue compensation.
Damage to Cargo or Towed Vessels
Laws protecting property at sea go back a long, long way. If something you own comes to harm while being transported by water then you may be able to seek damages from the party responsible for the transportation.
Maritime Workplace Issues
There are laws on land addressing the quality of the workplace, but they typically would not directly apply to life aboard a vessel. Instead, maritime law has its own set of rules for things like sanitation, long working hours, and other workplace standards.
If you feel that you are employed on a vessel where the working conditions or living accommodations are poor or dangerous, then a lawyer familiar with the relevant sections of the law can help you explore ways to remedy the situation or seek some form of recompense.
Incidents Aboard Cruise Ships
The ocean is a place where many things can go wrong, and so are resort hotels, cruise ships come and passengers can have trouble with anything from missing items, to false advertising, to illness or injury. Any effort to seek compensation from a cruise line will involve a lawyer familiar with how they operate from a legal standpoint.
If you’re contemplating a legal matter and a large body of water, or a vessel, might be a factor, then it makes sense to at least check with a maritime lawyer. They deal with incidents like injury or theft, ongoing situations with workplace safety, and business affairs like contract vetting. It’s their job to know the little ways that maritime laws differ from the laws you may be used to. Those little, specific differences can be hugely important in the end.
