An In-Depth Look at Navigable Waters

Posted by: rzehl
December 31, 2008
Topic: General Maritime Claims

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.

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