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Page 5 of 7 |
With regard to injuries to persons and damage to property, what does the admiralty terminology mean? |
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The term "vessel" is defined in the statutes as "every description of water craft or other artificial contrivance used or capable of being used as a means of transportation on water". Under this definition, even a Jet Ski and other personal watercraft qualify as a vessel.
The phrase "in navigation" does not mean that the vessel must be underway, but simply that the vessel must be capable of carrying out a transportation function.
"Navigable waters" are the waters of the United States on which there may be maritime commerce. The navigable waters of the United States consist of the inland river systems, the Intra coastal Waterway, navigable lakes, rivers and canals, and the offshore waters of the United States. About the only bodies of water that are not considered navigable waters of the United States are lakes that are totally within the boundaries of one state, such as the system of lakes in Florida created by the builders of Disney World.
"During the course of traditional maritime activity" means activities on navigable waters involving navigation and other activities traditionally undertaken by vessels. The activities do not have to be related strictly to commerce or involve only commercial vessels. They may be recreational activities. For example, a collision between two pleasure boats falls under the admiralty and maritime jurisdiction.
The phrase "potential for affecting maritime commerce" has been given a very broad meaning by the courts and legislatures. For example, a fire on a non-commercial vessel at a marina located on a navigable waterway where there are few, if any, moored vessels, may satisfy this prong because the general feature of the incident, a fire, could potentially disrupt commercial activity by spreading to nearby commercial vessels or by making the marina inaccessible. Even in a case in which a passenger standing behind the operator in a high-speed pleasure craft fell backward, suffering serious injury, the court found potential for an impact on maritime commerce based on the possibility that the passenger could just have easily have fallen forward and interfered with the control of the boat, or the incident could have distracted the vessel's operator and caused an accident. |
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