A swimming accident that occurs in a swimming pool is governed by state personal injury law. However, when a swimming accident occurs in a river, sea, ocean, or other navigable waterway in the United States, other categories of law may apply to the accident. In certain cases, the swimming accident may trigger admiralty law jurisdiction, which means that federal laws may determine your rights and obligations after the accident. The U.S. Coast Guard may also respond to the accident report and conduct an investigation.
Admiralty law is a body of law that applies to the navigable waters in the United States, a term that is defined very broadly. Lakes, rivers and streams, for example, can all be considered part of U.S. navigable waters if they are not landlocked. When admiralty law applies, it will take precedence over state law and state courts must apply federal regulations when enforcing the law and when a case comes to trial.
When most people think of admiralty law, commercial vessels and large cruise ships or boats come to mind. In reality, admiralty law can apply to any incident that takes place on navigable waters or has any connection with traditional maritime activity. Admiralty law can extend to pleasure boats, recreational watercrafts such as jet skis, personal watercrafts, and even to swimmers.
When an accident involves a swimmer who was a passenger on a vessel on navigable waters, admiralty law will almost always be implicated. The same holds true if the accident was caused by a collision between a swimmer and a vessel or watercraft. Other accidents, such as the injury of a swimmer by another swimmer or by contact with the water itself, may not always implicate admiralty law and a determination will need to be made after reviewing the facts of the case.
A swimming accident that does not occur on navigable waters will generally be governed by state law only and will not trigger admiralty law jurisdiction. Local marine police vested with the power to enforce state regulations will have the authority to investigate and respond to such accidents.
For more information on both admiralty law and state laws relating to swimming accidents, contact an experienced attorney. Your lawyer can help you determine which laws apply and what your rights and obligations will be after a swimming accident.