The vast expanse of the Gulf Coast encompasses not just open seas but also intricate networks of bays, rivers, and waterways that serve as vital arteries for commerce, recreation, and offshore operations. When accidents happen on these navigable waters, the legal remedies available often stem from a unique and historic body of federal law known as General Maritime Law. Unlike land-based personal injury cases or specific maritime statutes like the Jones Act, General Maritime Law provides a broad framework for seeking justice for a wide range of individuals injured on the water.
If you are a worker, resident, or tourist who has been harmed in a maritime incident and are unsure of your rights, you need legal guidance from attorneys intimately familiar with the complexities of General Maritime Law. At our firm, our experienced General Maritime Law Lawyers are dedicated to helping victims navigate these specialized legal waters, fighting for the full compensation they deserve.
General Maritime Law is a judge-made body of law that has evolved over centuries, originating from ancient nautical codes and developing through court decisions in the United States. It operates as a distinct federal common law, separate from state laws and specific federal statutes.
General Maritime Law serves as the bedrock upon which much of modern U.S. maritime law is built. It provides fundamental principles governing all aspects of maritime activity, including maritime torts (injuries), contracts, salvage, and property disputes. It aims to create a uniform set of rules for navigation and commerce on the high seas and other navigable waterways.
It’s crucial to understand how General Maritime Law interacts with specific federal statutes that also govern maritime injuries:
General Maritime Law is often a “catch-all” when specific statutes don’t fully apply, or it can provide additional remedies (like unseaworthiness claims) even when other statutes do apply.
General Maritime Law applies to incidents that occur on navigable waters, which are bodies of water used, or capable of being used, for interstate or foreign commerce. This broad definition includes:
If your injury occurred on any of these waters, regardless of whether you were working or recreating, General Maritime Law likely governs your claim.
General Maritime Law provides several important avenues for injured individuals to seek compensation.
Similar to land-based personal injury law, General Maritime Law allows for negligence claims. To succeed, a plaintiff must prove that:
The duty of care owed can vary. For example, a vessel owner owes passengers a duty of “reasonable care under the circumstances.”
One of the most powerful aspects of General Maritime Law, particularly for seamen (even if also covered by the Jones Act), is the doctrine of unseaworthiness. This is a form of strict liability, meaning fault or negligence does not need to be proven. A vessel owner has an absolute and non-delegable duty to provide a vessel that is “reasonably fit for its intended purpose.”
An unseaworthy condition can include:
If an unseaworthy condition caused your injury, the vessel owner can be held liable, regardless of whether they were negligent in creating or maintaining that condition.
While the Death on the High Seas Act (DOHSA) covers deaths occurring more than three nautical miles offshore, and the Jones Act covers wrongful death for seamen due to employer negligence, General Maritime Law provides a crucial wrongful death remedy in other situations. For instance, if a non-seaman dies in state territorial waters (within three nautical miles of shore) due to negligence or unseaworthiness, their family may bring a wrongful death claim under General Maritime Law. These claims can cover a wider range of damages, sometimes including non-pecuniary losses like loss of society, which are typically excluded under DOHSA.
General Maritime Law offers remedies to a broad spectrum of individuals injured on navigable waters, such as:
Navigating General Maritime Law is complex. It involves nuanced interpretations of judge-made law, specific procedural rules, and often requires taking on large corporations. An experienced attorney is essential.
Maritime cases frequently involve unique jurisdictional rules (federal vs. state courts) and specific venue requirements (e.g., where cruise line ticket contracts mandate lawsuits). Our attorneys understand these intricacies to ensure your case is filed correctly.
Injuries sustained in maritime accidents can be severe and require extensive, long-term medical care. We work with medical and economic experts to ensure all your damages are accurately calculated, including:
Establishing the elements of negligence or the existence of an unseaworthy condition requires meticulous investigation, expert testimony, and a deep understanding of maritime operations and safety standards.
Vessel owners and operators often rely on defenses like liability waivers (especially for passengers) or argue “comparative fault” (that the injured party was partly to blame). Our lawyers are skilled at countering these defenses, often demonstrating that waivers are unenforceable or that the client’s fault, if any, should not bar their recovery.
Seek immediate medical attention for any injuries. Report the accident to the relevant personnel (e.g., boat captain, cruise line staff, property manager) and ensure an official report is made. If safe, document the scene with photos/videos. Crucially, do NOT sign any documents or give recorded statements to any company representatives or their insurers without first consulting with a maritime attorney.
For most personal injury claims under General Maritime Law, the uniform statute of limitations is three years from the date of the injury. However, some contractual agreements (like cruise ship tickets) can significantly shorten this to one year, often with even shorter notice requirements. It is vital to contact a maritime lawyer immediately to ensure you meet all strict deadlines.
Yes. General Maritime Law applies the principle of “comparative negligence.” This means that even if you were found to be partly at fault for your injuries, you may still be able to recover compensation, though your damages might be reduced proportionally to your percentage of fault.
Not necessarily. While waivers are common, their enforceability under General Maritime Law can be limited, especially if the injury resulted from gross negligence, recklessness, or violation of safety statutes. An experienced maritime attorney can review your specific waiver and advise on its legal standing.
You may be entitled to recover damages for medical expenses (past and future), lost wages (past and future), pain and suffering, emotional distress, disfigurement, permanent impairment, and loss of enjoyment of life. In wrongful death cases, specific economic and sometimes non-economic damages are recoverable by eligible family members.
An injury on the water can be a terrifying and life-altering experience, leaving you with significant physical pain, emotional trauma, and financial burdens. Navigating the unique legal complexities of General Maritime Law requires seasoned expertise and a dedicated advocate.
At our firm, our Gulf Coast General Maritime Law Lawyers have a deep understanding of these nuanced claims and a proven track record of securing justice for injured passengers, recreational boaters, and workers. We are committed to holding negligent parties and vessel owners accountable, fighting tirelessly to ensure you receive the comprehensive compensation you need for your recovery and future. Contact us today to discuss your options.
