Which law governs admiralty and maritime matters: federal or state law?
It is important to recognize that if the case is an admiralty and maritime matter, the general federal maritime law as set down in United States statutes and decisions of federal appellate courts and the United States Supreme Court pre-empt and take precedence over all state laws. This affects not only the substantive laws, but also some procedure, such as the period of time in which lawsuits can be brought (called the statute of limitations). Since the failure to file a lawsuit within the statute of limitations effectively bars the entire claim, it is important to know at the outset what those limitations are and whether federal or state maritime and admiralty law applies.
Most admiralty and maritime matters can be brought in either federal or state court. However, if federal law addresses a question in a case, it must be applied, even if the case is brought in state court and the relevant state law differs.
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