Houston, Texas Maritime Lawyers and Jones Act Attorneys | Louisiana, Mississippi, and Alabama Offshore Accident Lawyers and Jones Act Injury Lawyer

General maritime law consists of the common law causes of action that have developed over the years. This body of law provides seamen with additional rights and damages outside of the Jones Act. It also allows for claims by the surviving family members for the death of a maritime worker. General maritime law even provides remedies for non-seamen injured at sea or during the course of maritime activities.

The statute of limitations for general maritime claims is three years from the date of the incident. In some cases, the statute can either be shortened or extended so it is important to contact an experienced maritime lawyer to ensure that your claim is filed in a timely manner.

The most notable maritime provisions regarding seamen are claims for unseaworthiness, maintenance and cure, and common law negligence against a third party. Also, general maritime law follows a strict liability standard for product liability and provides non-seamen with causes of action for negligence and wrongful death relating to an injury on navigable waterways.

Under general maritime law, punitive damages and attorney's fees are not usually recoverable in cases of a seaman against their employer. In certain circumstances, however, courts have allowed recovery of punitive damages against third-party defendants who are not employers, as long as the claim falls within general maritime law and not under the Jones Act or any other federal statute.

It is imperative that you consult an experienced maritime injury attorney to ensure that your claim is filed properly and in a timely manner. Contact the Texas maritime injury attorneys at Fitts Zehl, LLP toll-free at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com. We represent clients in states throughout the gulf coast region including: Louisiana, Alabama and Mississippi.

An In-Depth Look at Navigable Waters
Posted by: rzehl
December 31, 2008

Under Admiralty law, jurisdiction is generally limited to the sea. However, Admiralty jurisdiction can also encompass waters within the “ebb and flow of the tide” as well as public waters like lakes, rivers, streams or any other “navigable” body. There exists a test to determine admiralty navigability whereby a waterway must be capable of being used as a highway for maritime commerce. Essentially, the activity must relate to the business of interstate shipping.

To determine a waterway’s navigability for purposes of establishing maritime jurisdiction, one must meet the interstate nexus threshold. Basically, a given waterway must be used for commerce between ports and places in different states or foreign countries in order to qualify under maritime law. A waterway that is entirely located within the borders of one state and is incapable of being used as a means of interstate commerce will not fall under maritime jurisdiction.

An additional stipulation states that a navigable waterway be used or capable of being used for the customary modes of trade and travel on water. This is referred to as navigability-in-fact and allows for the application of maritime law so long as there is proof of present or potential commercial shipping.

Maritime law is a very complex area to navigate. It takes an experienced maritime attorney to ensure maximum recovery for the injuries you have sustained. The pitfalls are numerous and can potentially devastate your claim. If you or someone you love has been injured while working at sea, contact the experienced maritime lawyers at the Fitts Zehl Law Firm by phone at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com.

Permalink

The Admiralty Extension Act
Posted by: rzehl
December 22, 2008

The Admiralty Extension Act provides coverage for injuries based on land but caused by a vessel on navigable water. This provision allows admiralty and maritime jurisdiction to extend to cover those injured on land by some appurtenance of the ship. Until this measure was enacted, those injured on land while working near their vessel were not included under maritime law and were forced to seek compensation under less favorable law.

In addition, this Act also extends the benefit of maritime jurisdiction to those injured while involved in the loading, unloading or storage of the vessel’s cargo. In order to determine whether or not you may be eligible to recover under the Act, it is imperative that you consult with an experienced admiralty lawyer today. Contact the experienced maritime attorneys at the Fitts Zehl Law Firm by phone at (800) 99-FITTS or by email at info@gulfcoastmaritimelawyer.com.

Permalink

General Maritime Claims

Topics

Recent Updates

Archives

Web Resources