Does a swimming accident trigger admiralty law jurisdiction?
Admiralty law jurisdiction is triggered depending on where the accident takes place, navigable or non-navigable waters, and whether the swimmer was on or near a boat at the time. If the accident occurred on navigable waters, admiralty law will apply to the situation. If the accident occurred on non-navigable waters, i.e. a land-locked lake, then admiralty law would not apply. In that case, the law of the state where the accident occurred would apply. Navigable waters include rivers and lakes that are usable by customary modes of trade or travel for purposes of commerce, or that can be made usable by improvements and artificial aids. Artificial waterways may also be considered navigable if it is used for commerce, and if a navigable waterway becomes obstructed, admiralty law may still apply if the waterway was navigable at the time of the accident. An attorney can advise you as to what law will likely apply. An experienced lawyer can also give you a free, no obligation case assessment by filling out Free Advice's case evaluation form.
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