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Maritime Law Claims and Legal Actions

713 366 HURT

The legal actions arising from incidents occurring on or related to navigable waters are called maritime law claims. Maritime law encompasses many legal principles and rules, including shipping, navigation, cargo, and personal injuries. These claims can arise from various incidents, including accidents involving vessels, pollution incidents, and disputes over freight. This essay will provide an overview of marine law claims and the different legal principles that govern them.

Maritime law has a long and storied history dating back to the earliest civilizations that engaged in trade and commerce by sea. In ancient times, custom and tradition governed maritime law, with various port cities developing rules and regulations. In medieval Europe, naval law was heavily influenced by the Roman legal system and the principles of the Catholic Church. Over time, maritime law became more standardized, with international treaties and agreements developed to govern various aspects of marine commerce.

United States, Naval law

Maritime law is a complex and highly specialized area governed by many statutes, regulations, and case law. In the United States, naval law primarily relies on the general principles of common law but also incorporates several federal statutes and international conventions.

Various maritime law claims can arise from incidents related to navigable waters. Some of the most common types of maritime law claims include:

  • Personal injury claims: These claims arise when a person is injured while working on a vessel, such as a ship or a barge. One can bring these claims under the Jones Act or the general maritime law.
  • Property damage claims: These claims arise when a vessel damages another vessel, a dock, or other property. One can bring these claims under general maritime law or federal or state law.
  • Pollution claims: These claims arise when a vessel discharges oil, chemicals, or other pollutants into the water. One can bring these claims under the Oil Pollution Act of 1990 or other federal or state environmental laws.
  • Cargo claims: These claims arise when cargo is damaged, lost, or stolen during transport. One can bring these claims under the Carriage of Goods by Sea Act or other federal or international laws.
  • Salvage claims: These claims arise when a person or company assists in the recovery of a vessel or its cargo. One can bring these claims under general maritime law or federal or state law.
  • General maritime law: General maritime law is a body of legal principles and rules that apply to naval claims not covered by a specific federal statute or international convention. Public maritime law primarily relies on common law and equity principles.
  • Federal statutes: Several federal statutes govern various aspects of maritime commerce, including the Jones Act, the Carriage of Goods by Sea Act, and the Oil Pollution Act of 1990.
  • International conventions: Several international conventions govern various aspects of maritime commerce, including the International Convention for the Safety of Life at Sea, the International Convention on Load Lines, and the International Convention on Civil Liability for Oil Pollution Damage.
  • Admiralty jurisdiction: Admiralty jurisdiction refers to the jurisdiction of federal courts over maritime claims. Admiralty jurisdiction is based on the constitutional grant of jurisdiction to the federal courts over “all cases of admiralty and maritime jurisdiction.”

In conclusion

Maritime law claims are a complex and highly specialized area of law governed by a wide range of legal principles and rules. Ultimately, the Houston Injury Lawyers PLLC team wants to provide you with the comprehensive and responsive legal counsel you can trust so that you can approach your case with greater confidence. We understand the uncertainty and stress likely to follow any offshore injury and will do everything possible to maximize your recovery. If you or a loved one suffered an injury at sea, we could help.

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