What Is Maritime Law? A Basic Overview for Louisiana Residents

Have you ever wondered about the rules that control what happens when someone gets hurt on a vessel or how certain shipping matters are handled? Many people in Louisiana spend time working along the Gulf Coast, so it is helpful to be aware of a few fundamentals. In this article, we offer a friendly look at the core ideas behind maritime law and how they matter here in our state. We hope this short overview gives you a workable first step if you ever face an offshore accident or dispute.

Defining Maritime Law

Maritime law, sometimes called admiralty law, governs events on navigable waters. It applies to shipping, marine insurance, worker injuries, and matters like environmental harm at sea. This body of rules has origins centuries back, shaped by the customs of seagoing work around the world.

People in Louisiana know quite well how essential the maritime sector is, especially along our Gulf Coast. Large commercial fleets, river barges, and offshore rigs all fall under maritime regulations. Because of this connection, the laws that guide activities on the water are central to protecting those involved in these operations.

One reason maritime law is so vital is the added danger of offshore work. Statistics show that the casualty rate in maritime jobs tends to be higher than it is for many land-based occupations. That’s why rules have been created to address accidents, shipping safety requirements, and financial protections for workers injured while carrying out responsibilities on navigable waters.

Key Components of Maritime Law

Maritime law is a broad structure with various sections addressing different concerns. Regulations have evolved to protect workers, regulate shipping routes, and hold vessel owners accountable for keeping everything safe. The following summary highlights some fundamental parts of maritime law.

The Jones Act

The Jones Act, also called the Merchant Marine Act of 1920, gives legal recourse to seamen injured while working. To qualify as a seaman, you usually must spend at least 30 percent of your time on a vessel considered “in navigation.” If you meet that requirement and an employer’s negligence caused your injury, the Jones Act allows you to seek financial damages for medical costs, income loss, and more.

This law has a three-year deadline from the date of your injury to file a lawsuit. That window can pass quickly, so those injured on a boat or offshore rig should speak with a lawyer soon. While maintenance and cure benefits cover living and medical expenses for a period, the Jones Act may offer a broader path to compensation if employer negligence plays a part.

General Maritime Law

Separate from the Jones Act, general maritime law is the set of judge-made rules covering seagoing activities. It includes concepts like “unseaworthiness,” meaning a vessel owner must provide a safe, adequately maintained vessel for the crew. If a vessel isn’t safe and that causes an injury, crew members can seek further damages.

General maritime law also addresses negligence by vessel owners or other parties. For example, if equipment failure causes an injury, a worker could have a claim for the harm suffered. Courts follow established maritime principles when deciding whether an owner or operator failed to provide a safe work environment.

Longshore and Harbor Workers’ Compensation Act (LHWCA)

The LHWCA covers maritime employees who don’t qualify as seamen under the Jones Act yet still work near or on navigable waters. This category includes cargo handlers, harbor workers, and ship repairers. If you fit into this group, you might receive benefits for medical costs and lost wages through a no-fault system under the LHWCA.

One useful feature is that you generally don’t need to prove employer negligence to receive benefits under the Act. However, time limits still apply, and you must meet certain conditions to file a valid claim. Knowing which law applies—the Jones Act or LHWCA—may require guidance if you are unclear about your status.

Admiralty Jurisdiction

Next is admiralty jurisdiction, which refers to a court’s power to decide maritime cases. Federal courts have primary authority over maritime matters, but there is also a “saving to suitors” clause that sometimes lets people file maritime lawsuits in state courts. In those settings, maritime rules are still used to settle disputes.

When you file a maritime claim, deciding between federal or state court can matter. Certain maritime controversies must remain in federal court, while others might allow a choice. Regardless of where you file, maritime rules will guide the case, shaping what claims or defenses apply.

Common Maritime Claims in Louisiana

Due to its busy ports, offshore platforms, and commercial shipping, Louisiana sees a variety of maritime claims. Different injuries, losses, or disputes come up, each with unique standards and burdens. The sections below detail frequent maritime claims and highlight how a person might face them.

Personal Injury

Offshore and shipboard work brings many risks. Personal injury claims might arise from slip-and-falls on wet decks, faulty equipment on a rig, or collisions while loading cargo. These injuries can be severe, requiring extensive treatment and time off work.

A claim might aim to recover medical costs, income loss, and compensation for complications like chronic pain. In these cases, a maritime attorney often investigates how the injury happened, whether the vessel was seaworthy, and whether your employer provided a safe workspace. If the accident stems from avoidable hazards, it may give rise to a valid claim.

Wrongful Death

Sadly, some injuries end in tragedy. Wrongful death claims in maritime contexts come about when a seaman or maritime worker passes away because of negligence or an unsafe vessel. Surviving loved ones, such as spouses and children, may file for losses related to funeral expenses, lost support, and emotional harm.

Families seeking help with these cases often rely on maritime laws designed to protect surviving dependents. The details can be very technical, involving federal provisions that differ from typical state wrongful death statutes. Having timely legal guidance is especially important when dealing with these delicate and complex legal matters.

Vessel Collisions

Vessel collisions happen on rivers, on open ocean routes, and near ports. They can result from a vessel operator’s negligence, unsafe speeds, or malfunctioning equipment. Damages might include repair expenses, environmental cleanup, and potential personal injury claims from crew members or others on board.

Maritime law sets out which factors hold a vessel’s owner or operator responsible. In some instances, multiple parties share blame, making the claim process more complicated. Regardless, it’s crucial to sort out liability promptly to reduce further harm and address any urgent safety issues.

Maritime Product Liability

Another category involves defective or dangerous products used in maritime tasks. For instance, a faulty crane might create severe hazards. Below are a few elements typically needed for a maritime product liability claim:

• The seller or manufacturer delivered the item.
• The product was unsafe for normal or expected use.
• The product defect caused the person’s injury.
• The injury led to measurable damages (medical bills, lost wages, etc.).

Courts generally follow rules similar to other product liability cases, but they adapt them to maritime settings. That means a manufacturer could be liable if the product was unreasonably dangerous when it left the company’s control. A plaintiff might also argue that warnings about a product’s risks were inadequate, leading to harm.

Enforcing Your Rights Under Maritime Law

If you or a loved one gets hurt in a maritime accident, it’s wise to act promptly. Different laws have filing deadlines that can pass faster than you might think. Waiting too long could bar you from seeking compensation for medical bills or lost wages.

Often, a maritime attorney will investigate the accident scene, gather records, and consult experts to determine whether negligence or unseaworthiness was involved. This helps in deciding whether to proceed under the Jones Act, general maritime rules, or the LHWCA. Quick action can also make it easier to secure evidence while it remains available.

Having counsel also helps you figure out potential claims and defenses. Even if you are partially at fault, maritime law might allow some level of recovery. Knowing your rights and responsibilities can be the difference between getting fair compensation and missing out on the support you need during recovery.

Comparison of Key Maritime Laws and Acts
Law	Coverage
Jones Act	Applies to seamen spending at least 30% of time on a vessel in navigation; allows lawsuits for employer negligence.
General Maritime Law	Covers unseaworthiness, negligence claims. Judge-made principles apply to a wide range of maritime injuries.
LHWCA	Provides benefits to dockworkers and others not classified as seamen but still engaged in maritime activities.
Admiralty Jurisdiction	Federal courts mainly handle maritime claims; the “saving to suitors” clause may allow some cases in state courts.

Seeking Legal Assistance? Contact Shlosman Law Firm Today

Our team at Shlosman Law Firm understands Louisiana’s maritime traditions and knows how life-altering a serious offshore injury can be. We stand ready to fight for fair treatment and valid compensation when workplace incidents happen out on the water. We also keep track of deadlines to help preserve your right to a recovery.

For a personal review of your case, call us at 504-826-9427 or visit our website. You can also email info@shlosmanlaw.com to connect with our firm. We want to help you find a path toward proper care and the financial relief you deserve.