What if a swimmer dives into a navigable waterway off the side of a boat and breaks his neck, does admiralty law apply?
It depends. In recent years, the Supreme Court and the 9th Circuit Court of Appeals have leaned toward expanding the applicability of admiralty law. The event in question must have occurred in navigable waters and must be a proximate cause of having a substantial relationship to traditional maritime activity. In Taghadomi v. United States (2005), a negligence suit against the U.S. Coast Guard, the 9th Circuit Court of Appeals ruled that admiralty law applied where a woman died after she was tossed overboard while kayaking with her husband and attacked by a shark off the coast of Maui. Admiralty law also applied in the case of a scuba diver who was transported by boat to an open water dive on navigable waters (with a scheduled transport back to shore from the open water dive) and was subsequently injured during the dive. The rules for fault and damages in a water accident may differ between admiralty law and state law. That's why it's so important to consult with a personal injury lawyer with experience in maritime or boat accidents if you've been in an accident on the water. You can also complete Free Advice's case evaluation form to have a free case analysis from an experienced attorney, with no further obligation to you.
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