Not surprisingly, the
United States Coast Guard also reports that each year there are more than
8,000 boating accidents that result in more than 4,000 serious injuries and
800 deaths.
If you have suffered an injury on a boat, while
boating or while engaged in other water sport activities, you should consult a
personal injury attorney with experience handling such claims as soon as
possible after the accident. The laws that apply to injuries that occur on and
around the water are complex and there are several questions that must be
analyzed in order to correctly determine the value of a boating injury claim.
For example, does state negligence law, federal maritime law or both control
the claim and the amount of damages that can be recovered? Who is the
responsible party? Is the cause of action against the owner for negligent
operation? Did the boat malfunction creating an actionable product liability
claim against the manufacturer, as is common with personal watercraft? Clearly
it is important to consult with an experienced attorney.
The Jones Act
If the person injured on or around a boat or
water falls within the legal definition of "seaman" special protection may be
available via the Jones Act. The Jones Act has special rules that protect
seamen and make recovery of certain damages and benefits easier. In order to
fully understand The Jones Act and its benefits, you must first understand the
special terminology it uses.
Seaman
A seaman is a person with employment related
connection to a vessel in navigation and whose connection to the vessel's
mission is substantial. Essentially, if you earn your living at sea, you are a
seaman. A person whose work is covered under the Longshore and Harbor Workers'
Compensation Act may be treated as a Jones Act seaman in some cases.
Maritime Law
Maritime law, often called Admiralty law, is a
set of legal rules and practices governing the business of employment and
transportation of people and goods over or near navigable waters.
Before discussing the types of activities
subject to maritime law and the special remedies available to people who make
their living on the seas, it's important to first understand what conditions
must be met to trigger maritime law. To fall within maritime (also called
admiralty) jurisdiction, the tort (or wrongful act causing the accident) must
have occurred on "navigable waters" and meet a two-prong nexus test.
"Navigable waters" is a legal term describing
all waters which are capable of transporting people or cargo between the
states and other countries. Essentially it means the waterway must be usable
as a highway for interstate commerce. Inland lakes that do not connect to an
interstate waterway or the open sea would not meet this test. As a matter of
law the open sea and waterways used for interstate commerce (such as rivers)
are navigable waters.
