There are several types of cases that may be governed by admiralty law and maritime law. In some situations, the federal government has exclusive jurisdiction and federal maritime or admiralty law will set the rules. Under other circumstances, state laws, or both federal and state laws, may apply. Cases arising out of these laws can be brought in either federal or state court.
The federal government has the authority to set maritime and admiralty laws that apply to any navigable waters. Navigable waters include many different bodies of water ranging from lakes to seas and oceans. The federal government has passed a number of laws regulating travel on navigable waters and the use of vessels on those waters. Federal admiralty law can cover everything from boat registration rules to what happens in maritime casualty situations.
While the federal government shares authority for some maritime issues with the states where bodies of water are located, they have the exclusive right to decide certain cases, such as those in which ownership of maritime property is at stake. For instance, when two owners are disputing the ownership of a boat, the federal courts will be asked to make a decision as to who the property belongs to. This type of case, which is covered under admiralty and maritime law, is called a petitory and possession action.
A number of other maritime cases can fall under federal and state law and can be handled in either federal or state court. Some examples of cases that are covered under admiralty law at the federal or state level include:
State courts that preside over admiralty and maritime cases must apply any applicable federal admiralty law that may be relevant to a case. They may, however, apply state rules as long as the applicable federal admiralty law is used to decide substantive issues of law and fact.
If your claim arises on a waterway and is covered by admiralty and maritime law, your legal rights may be different than they would for similar claims that arise on land. For instance, while most employees who are injured at work are able to make workers compensation claims, injured seamen typically must make claims under the Merchant Marine Act, also called the Jones Act. The right to a trial by jury is also more limited and is nonexistent in many cases that arise out of maritime law.
To understand your rights under maritime law and to understand the types of cases to which maritime or admiralty law may apply, contact an experienced attorney who specializes in this field.