Activity taking place on navigable waters and certain related areas is governed by maritime law. These activities are tightly regulated, both for the safety of workers and travelers as well as the legal transportation of goods. A full understanding of these requirements can help vessel and business owners avoid legal issues that may arise from non-compliance. If you’ve been injured as a result of non-compliance, the team at BoatLaw, LLP, can help. Our boating accident law firm is here to advocate for you—just call us at 1-800-BOATLAW to get started.
When you have a maritime injury case, it is crucial to work with a boating accident lawyer. Injuries happening on navigable waters are subject to different rules and requirements than those happening on land. At BoatLaw, LLP, our team works across the Pacific Northwest to help injured victims for over forty years. Attorneys Douglas Williams and Nick Neidzwski have helped victims secure fair and full compensation. Some notable cases include those where we secured $425,000 for a victim who lost their finger in an accident, a $2.67 million wrongful death settlement, and a $190,000 PTSD settlement.
What is Maritime Law and Why Is It Important?
Also known as admiralty law, maritime law guides the activities and issues that relate to open bodies of water. These laws are generally applicable to shipping, navigation, marine commerce, and ship worker safety. What makes these laws so different from other laws is that they fall outside state, and sometimes even federal, laws. Bodies of water, depending on their location, may be subject to local, state, and federal laws. Some are international, further complicating this issue. That’s why it’s so important for maritime laws and regulations to be upheld—these laws set a firm standard for all companies and individuals, regardless of where they live or the laws local to their area.
Key Maritime Laws
There are numerous maritime laws that govern navigable waters. While a full understanding of these laws takes extensive time and research, a basic understanding can help maritime workers and vessel owners understand their rights and responsibilities:
- The Jones Act: The Jones Act requires that ships transporting goods between U.S. ports are built, owned, and operated by permanent residents or citizens of the United States. Beyond this, the Jones Act also sets guidelines for the type and amount of compensation that injured seamen are entitled to. It specifies that they are entitled to maintenance and cure, loss of earnings, pain and suffering, and other expenses if the maritime worker’s injuries are due to negligence on the part of the employer or vessel owner.
- The Longshore and Harbor Workers’ Compensation Act: Often shortened to LHWCA, this act also allows for the compensation of injured workers. However, it relates specifically to those who work in the loading and unloading of ships, as well as those who work in harbors.
- The Oil Pollution Act: Created in 1990, the Oil Pollution Act empowers the federal government to respond to catastrophic oil spills. It covers topics like accountability for oil spills, emergency response plans, and penalties for negligent companies.
Compliance Requirements
Companies and individuals who own and operate boats are legally required to abide by important regulations upheld in maritime law. For example, vessels used in navigable waters must go through the proper inspections and certification processes before they can set sail. This also includes having the necessary safety equipment onboard. Vessels traveling with crews are also bound by regulations detailing the type, amount, and scope of training that crew members must receive. These requirements strive to prevent avoidable accidents and injuries. Other regulations focus on a vessel owner’s environmental obligations and requirements, striving to keep waters safe and navigable for others for decades to come. Those who fail to comply with these regulations may end up needing the assistance of a boating accident lawyer when their negligence leads to a collision.
How These Laws Can Lead to Legal Issues
Failing to comply with maritime regulations can lead to time-consuming and expensive legal issues. Companies that fail to comply with seaman and harbor worker compensation requirements are often sued by boating accident attorneys who seek to recover compensation for their injured clients. In addition to being forced to pay what they initially should have paid, negligent owners may be further penalized for their non-compliance. When a vessel owner violates environmental regulations, they not only risk irreversible environmental harm but also steep fines.
Reach Out to BoatLaw, LLP, to Discuss Your Case With Our Boating Accident Attorneys Today
If you’ve been injured in a collision or accident, it’s time to meet with our boating accident law firm to discuss your options. Call BoatLaw at 1-800-BOATLAW or contact us online to set up a consultation now.
Nicholas J. Neidzwski is a trial attorney who handles maritime and personal injury litigation. Appearing for plaintiffs in state and federal courts throughout Washington, California, Oregon, Alaska, and other jurisdictions. Nick’s litigation experience includes the successful resolution of various Jones Act, general maritime, and product liability cases on behalf of many different individuals. Nick was named a Rising Star by Super Lawyers 2016 through 2024. Learn more here.
