What Is Maritime Law?

Maritime or admiralty law is an area of law that governs not only activity on the ocean but inland waters as well. It covers commercial activity, navigation, salvaging, shipping, sailors or seamen, recreation, small watercraft such as jet skis, and passenger travel or transportation.

Maritime or admiralty law governs navigable waters. Navigable waters are those that are:

• Subject to the ebb and flow of the tide,
• Connected to a continuous interstate waterways, and
• Navigable

In Michigan, the Great Lakes as well as many inland rivers and streams, fall under maritime or admiralty law. Any landlocked lakes or ponds are subject to the general negligence laws.

What Are Common Legal Issues in Admiralty or Maritime Law?

Engaging in activity on the water is dangerous, and any number of accidents can happen. Most commonly, the types of accidents we frequently see happen because people are either working on the water or taking out recreational watercraft onto the water.

Working on the Great Lakes

While workers injured on the water may be entitled to workers’ compensation, they are usually unable to sue employers for negligence to get additional compensation. Maritime and admiralty law provides additional protection for these workers, however.

For example, anyone employed on a vessel in navigation who is injured on the job may obtain compensation for injuries. The Jones Act, a federal law, gives employees this additional protection. Prior to the Jones Act, sailors and seamen had very limited access to compensation in proportion to the heightened level of risk attendant to working on navigable waters. The scope of the Jones Act is quite broad, applying to marine vessels, boats, freighters, tugs, barges, ferries, or floating work platforms. In some cases it may also cover injuries sustained while coming and going from the vessel or while living aboard the vessel. Injured victims could recover medical expenses, pain and suffering, and loss of wages.

Just like other places of employment, employers have a duty to provide a reasonably safe place to work for their employees. If an employer provides an “unseaworthy” vessel that is dangerous or unfit for its purpose, and consequently a seaman is injured, the seaman may be entitled to compensation.

Furthermore, if a seaman or sailor is injured or sickened while out on the water, regardless of who is at fault, the seaman is entitled to “maintenance and cure.” Maintenance and cure entitles the seaman to medical treatment and reimbursements for living expenses. Living expenses include rent or mortgage, utilities, insurance, property taxes, and food. The victim is also entitled to compensation for reasonable and necessary medical treatment but also for cost related to transportation to medical services. The injured victim may receive maintenance and cure until reaching maximum medical improvement (MMI) — or state of permanence in medical condition.

The Federal Longshore and Harbor Workers Compensation Act provides access to additional compensation for dock workers, floating platform workers, or workers situated on other marine structures.

Recreation on the Great Lakes

Taking boats or personal watercraft out onto the Lakes such as motorboats, speedboats, sailboats, and waverunners provides enjoyment for water sport enthusiasts, fishermen, vacationers, families, and anyone seeking a little rest and relaxation away from school or work.

Every year, however, many people are injured or killed due to boating or personal watercraft accidents. Accidents may happen because of intoxication, poorly maintained watercraft, disobeying laws, or failing to exercise the requisite caution. Children, elderly individuals, swimmers, or water tube loungers are especially vulnerable.

Sachs Waldman admiralty / maritime law attorneys provide knowledgeable and attentive professional legal services for people injured in maritime or admiralty accidents. If you or a loved one has been in an accident on the Great Lakes or other waterway, contact us us today for a free consultation at (313) 965-3464 or fill out our online form.