Admiralty Law

Share |

Overview

Admiralty law, or maritime law, regulates shipping, navigation, commerce, towage, recreational boating, and piracy by private entities on domestic and international waters. It covers both natural and man-made navigable waters, such as rivers and canals. It also covers persons and contracts related to maritime activities, such as seamen, shipping insurance contracts and maritime liens.

Admiralty law differs from the Law of the Sea, which addresses the territorial, econonomic and commercial rights of nations to the ocean and its resources. The Law of the Sea also provides controls on marine pollution, transit rights of ships and aircraft, and a dispute resolution mechanism for states.

History of Admiralty Law

Maritime law developed early on in history. Much of today's maritime laws derive from the Rules of Oleron, which Eleanor of Acquitaine had promulgated around 1160. In the United States, admiralty law evolved more directly from British admiralty courts, which were present in most of the American colonies and functioned separately from courts of law and equity. Because these admiralty courts did not include trial by jury, the British used them to enforce the unpopular Stamp Act, and thus were a factor in precipitating the American Revolution. Several central figures to the American Revolution were admiralty and maritime attorneys, including Alexander Hamilton in New York and John Adams in Massachusetts.

Maritime Injuries

Parties generally have no right to trial by jury in admiralty cases before a U.S. federal court; however, the Jones Act permits jury trials for personal injury claims brought by a seaman. In state courts, maritime claims may be tried before juries. A state court hearing a maritime case must apply admiralty law, even if the law conflicts with the law of the state.

Generally, seamen who sustain injuries while in the service of the ship may recover for their injuries under the doctrine of unseaworthiness, the principle of maintenance and cure, and the Merchant Marine Act. The doctrine of unseaworthiness holds a shipowner liable if the ship, or its appliances, is unseaworthy and caused the seaman's injuries. The principle of maintenance and cure is similar to worker's compensation and requires a shipowner—regardless of fault—to pay for medical care and basic living expenses for any seaman injured on a ship. The Merchant Marine Act, also referred to as the Jones Act, offers seaman protection against employer negligence of the same type afforded railroad employees under Federal Employers Liability Act (FELA).

Not all workers onboard a craft qualifies as a "seaman" for the purposes of unseaworthiness, maintenance and cure or the Jones Act remedies. To qualify as a "seaman", a worker must work a certain percentage of time onboard a specific vessel or a fleet of vessels "under common ownership or control." The Longshore and Harbor Workers' Compensation Act (LHWCA) covers most workers whose jobs affect shipping upon navigable waters but do not qualify as seaman. The Death on the High Seas Act provides remedies for the surviving kin of seamen who die on the job.

Injuries to Passengers

Shipowners must exercise reasonable care when transporting passengers, who may sue if the shipowner's negligence caused their injuries. While suits generally must be brought within three years, most cruise lines designate within the passenger ticket that cases between the cruise line and its passengers be heard under Florida law, which provides a one year statute of limitations. Most cruise line passenger tickets also require that suit be brought in either Miami or Seattle.

Jurisdiction

In the United States, admiralty jurisdiction has expanded from just American tidal waters to any waters navigable within the United States for interstate or foreign commerce. In such waters, admiralty jurisdiction includes all maritime matters, even if they do not specifically involve interstate commerce, such as recreational boating.

Congress regulates admiralty under the Commerce Clause of the U.S. Constitution and federal courts have original jurisdiction over maritime matters. This power stems from the Judiciary Act of 1789 and from Article III, § 2 of the U.S. Constitution. However, most parties may bring an admiralty case before a U.S. federal court or a state court.

Under the Savings to Suitors clause, U.S. federal courts and state courts maintain concurrent jurisdiction over most maritime and admiralty claims. Depending on the remedy sought, the law also requires parties to file some maritime actions in federal courts. This includes actions seeking to partition ownership of a ship, petitions to limit a shipowner's liability to the value of a ship after a large accident, and suits seeking to arrest ships to enforce maritime liens and mortgages. Still, parties may bring most maritime actions—such as suits for cargo damage, seaman injuries, vessel collisions, wake damage, and maritime pollution— in either federal court state court.

International Conventions

The International Maritime Organization, established by the United Nations in 1958, has prepared many international conventions governing international maritime safety and environmental issues. Individual nations sign and then enforce these agreements.

Hide Extended

Featured Cases

Seunarine v. Royal Caribbean Cruises, Ltd.
1:2011cv20956
Filed in Florida Southern District Court
Type of Suit: Marine
Plaintiff: Notaish Seunarine. Defendant: Royal Caribbean Cruises, Ltd.
Judge: Ursula Ungaro
Cause Of Action: Notice of Removal
(May 1, 2011)
Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels
8:2006cv01685
Filed in Florida Middle District Court
Type of Suit: Marine
Plaintiff: Odyssey Marine Exploration, Inc., Odyssey Marine Exploration, Inc., Odyssey Marine Exploration, Inc. Defendant: The Unidentified, Shipwrecked Vessel or Vessels Claimant: Kingdom of Spain, Kingdom of Spain, Kingdom of Spain, Kingdom of Spain Intervenor Plaintiff: Keith Bray
Judge: Steven D. Merryday
Cause Of Action: Admiralty
(September 23, 2010)
Odyssey Marine Exploration, Inc. v. The Unidentified, Wrecked and Abandoned Sailing Vessel
8:2008cv01044
Filed in Florida Middle District Court
Type of Suit: Marine
Plaintiff: Odyssey Marine Exploration, Inc.; Defendant: The Unidentified, Wrecked and Abandoned Sailing Vessel
Judge: Steven D. Merryday
Cause Of Action: Federal Question
(August 1, 2010)
Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel
8:2007cv00614
Filed in Florida Middle District Court
Type of Suit: Marine
Plaintiff: Odyssey Marine Exploration, Inc., Odyssey Marine Exploration, Inc., Odyssey Marine Exploration, Inc. Defendant: The Unidentified Shipwrecked Vessel Claimant: Kingdom of Spain, Kingdom of Spain, Kingdom of Spain, Kingdom of Spain
Judge: Susan C Bucklew
Cause Of Action: Admiralty
(June 14, 2010)
North China Shipping Limited v. KC Corporation
1:2008cv10806
Filed in New York Southern District Court
Type of Suit: Marine
Plaintiff: North China Shipping Limited; Defendant: KC Corporation
Judge: Sidney H. Stein
Cause Of Action: Federal Question
(December 15, 2009)

More Featured Cases

Dockets

Cargill, Incorporated v. Odfjell Asia II Pte. Ltd. et al
2:2012cv00449
Filed in Louisiana Eastern District Court
Type of Suit: Marine
Plaintiff: Cargill, Incorporated. Defendant: Odfjell Asia II Pte. Ltd., Odfjell Asia III Pte. Ltd., Odfjell Tankers AS, Odfjell Seachem AS, NCC Odfjell Chemical Tanker and other.
Cause Of Action: Admiralty
(February 16, 2012)
Jabrocki v. Lake Michigan Trans-Lake Shortcut, Inc.
2:2012cv10710
Filed in Michigan Eastern District Court
Type of Suit: Marine
Plaintiff: Gary A. Jabrocki. Defendant: Lake Michigan Trans-Lake Shortcut, Inc.
Judge: John Corbett OMeara
Cause Of Action: Jones Act
(February 15, 2012)
Haese v. Celebrity Cruises Inc et al
1:2012cv20655
Filed in Florida Southern District Court
Type of Suit: Marine
Plaintiff: Danielle Haese. Defendant: Celebrity Cruises Inc and CWS & Tours, LLC.
Judge: Ursula Ungaro
Cause Of Action: Diversity-Personal Injury
(February 15, 2012)
Keenan v. Carnival Corporation
1:2012cv20644
Filed in Florida Southern District Court
Type of Suit: Marine
Plaintiff: Charlotte Keenan. Defendant: Carnival Corporation.
Judge: Marcia G. Cooke
Cause Of Action: Admiralty
(February 15, 2012)
GBC International Bank v. MISS CORINNE, official number 607659 et al
3:2012cv00035
Filed in Alaska District Court
Type of Suit: Marine
Plaintiff: GBC International Bank. Defendant: MISS CORINNE, official number 607659 and F/V MISS CORINNE LLC.
Judge: Sharon L. Gleason
Cause Of Action: Admiralty
(February 15, 2012)

More Dockets

Legislation

Bill Introduced: H.R.6408 Cruise Vessel Security and Safety Act of 2008
To amend title 46, United States Code, to establish requirements to ensure the security and safety of passengers and crew on cruise vessels, and for other purposes.
(June 24, 2008)
Bill Introduced: S.3204 Cruise Vessel Security and Safety Act of 2008
A bill to amend title 46, United States Code, to establish requirements to ensure the security and safety of passengers and crew on cruise vessels, and for other purposes.
(June 24, 2008)
Bill Introduced: S.Res.423 A resolution seeking the return of the USS Pueblo to the United ...
A resolution seeking the return of the USS Pueblo to the United States Navy.
(January 21, 2008)
Bill Introduced: S.1892 Vessel Conveyance Act
A bill to reauthorize the Coast Guard for fiscal year 2008, and for other purposes.
(July 24, 2007)
Bill Introduced: S.Res.154 A resolution demanding the return of the USS Pueblo to the United ...
A resolution demanding the return of the USS Pueblo to the United States Navy.
(April 16, 2007)

More Legislation

Regulations

Proposed Rule - Retrospective Review under E.O. 13563: Meetings; Cargo Preference
Maritime Administration
Proposed Rule
Retrospective Review under E.O. 13563:
Meetings; Cargo Preference
,
57941-57943 [2011-23983]
DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Parts 381 and 382 [Docket No. MARAD 2011-0121] Retrospective Review Under E.O. 13563: Cargo Preference AGENCY: Maritime Administration, Department of Transportation. ACTION: Notice of public meeting. SUMMARY: The Department of Transportation (Department or DOT) has been engaged for several years in an interagency discussion of its existing Cargo Preference regulations. In accordance with Executive Order 13563, ``Improving Regulation... [read document]
View Document | Download PDF
(September 18, 2011)
Rule - Approval Process for Transfers to Foreign Registry of U.S. ...
Maritime Administration
Rule
Approval Process for Transfers to Foreign Registry of U.S. Documented Vessels Over 1,000 Gross Tons
,
37280 [2011-15889]
DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Part 221 Approval Process for Transfers to Foreign Registry of U.S. Documented Vessels Over 1,000 Gross Tons AGENCY: Maritime Administration (MARAD), DOT. ACTION: Clarification. SUMMARY: This document clarifies the Maritime Administration's (MARAD's) approval process in 46 CFR part 221, for requests relating to proposed transfers to foreign registry of U.S. documented vessels over 1,000 gross tons. DATES: The applicability date of this... [read document]
View Document | Download PDF
(June 26, 2011)
Rule - Determinations of Availability of Coastwise-Qualified Vessels for Transportation of ...
Maritime Administration
Rule
Determinations of Availability of Coastwise-Qualified Vessels for Transportation of Platform Jackets
,
62472-62476 [2010-25229]
DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Part 389 [Docket No. MARAD-2008-0045] RIN 2133-AB67 Determination of Availability of Coastwise-Qualified Vessels for the Transportation of Platform Jackets AGENCY: Maritime Administration, DOT. ACTION: Final rule. SUMMARY: The Maritime Administration (MARAD) is publishing this final rule to establish regulations governing administrative determinations of availability of coastwise-qualified vessels to be used in the transportation and,... [read document]
View Document | Download PDF
(October 11, 2010)
Rule - Administrative Waivers of Coastwise Trade Laws: New Definition for Eligible Vessel
Maritime Administration
Rule
Administrative Waivers of Coastwise Trade Laws:
New Definition for Eligible Vessel
,
28205-28206 [2010-11927]
DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Part 388 [Docket No. MARAD 2010 0012] RIN 2133-AB76 Administrative Waivers of the Coastwise Trade Laws: New Definition for Eligible Vessel AGENCY: Maritime Administration, Department of Transportation. ACTION: Final rule. SUMMARY: The Maritime Administration (MARAD) is changing the definition of ``eligible vessel'' to be considered for a waiver of the coastwise laws to operate as small passenger vessels or uninspected passenger vessels... [read document]
View Document | Download PDF
(May 19, 2010)
Rule - America's Marine Highway Program
Maritime Administration
Rule
America's Marine Highway Program
,
18095-18107 [2010-7899]
DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Part 393 [Docket No. MARAD-2010-0035] RIN 2133-AB70 America's Marine Highway Program AGENCY: Maritime Administration, Department of Transportation. ACTION: Final rule. SUMMARY: On October 9, 2008, the Department of Transportation published an interim final rule that established America's Marine Highway Program, under which the Secretary will designate marine highway corridors and identify and support short sea transportation projects... [read document]
View Document | Download PDF
(April 8, 2010)

More Regulations

News

More News

Blogs

More Blogs

Admiralty Law

Overview

History of Admiralty Law

Maritime Injuries

Injuries to Passengers

Jurisdiction

International Conventions

Featured Cases

Seunarine v. Royal Caribbean Cruises, Ltd.

Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels

Odyssey Marine Exploration, Inc. v. The Unidentified, Wrecked and Abandoned Sailing Vessel

Odyssey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel

North China Shipping Limited v. KC Corporation

Dockets

Cargill, Incorporated v. Odfjell Asia II Pte. Ltd. et al

Jabrocki v. Lake Michigan Trans-Lake Shortcut, Inc.

Haese v. Celebrity Cruises Inc et al

Keenan v. Carnival Corporation

GBC International Bank v. MISS CORINNE, official number 607659 et al

Legislation

Bill Introduced: H.R.6408 Cruise Vessel Security and Safety Act of 2008

Bill Introduced: S.3204 Cruise Vessel Security and Safety Act of 2008

Bill Introduced: S.Res.423 A resolution seeking the return of the USS Pueblo to the United ...

Bill Introduced: S.1892 Vessel Conveyance Act

Bill Introduced: S.Res.154 A resolution demanding the return of the USS Pueblo to the United ...

Regulations

Proposed Rule - Retrospective Review under E.O. 13563: Meetings; Cargo Preference

Rule - Approval Process for Transfers to Foreign Registry of U.S. ...

Rule - Determinations of Availability of Coastwise-Qualified Vessels for Transportation of ...

Rule - Administrative Waivers of Coastwise Trade Laws: New Definition for Eligible Vessel

Rule - America's Marine Highway Program

News

Blogs

Maxwell Charles Livingston Esq.

Kimberly K. Schreiber

Cedulie Renee Laumann

Mark A. Siesel

Burton A. Padove

Andrew Bresalier