If you live or work on the coast or any of the navigable rivers in the United States and frequently sail on a ship or boat, you may experience a problem on the water for which you will need legal advice. When that time comes, you will need to reach out to a maritime lawyer for help, because the maritime law can be too complex to easily understand on your own.
So, when does maritime law apply? Here’s what you need to know about jurisdiction before you contact a Houston maritime lawyer regarding your case.
What Is Maritime Law?
Maritime law, also called admiralty law, is a group of laws that govern anything that occurs on the sea or navigable waters of the United States. This means that any issues that involve a vessel on the ocean — such as a ship or boat — are under maritime law jurisdiction. If someone gets injured or killed on a ship, for example, the case may be tried under the maritime law. It also means you may have a maritime law claim if you are injured on a jet ski or fishing boat.
Other topics that relate to the maritime law may include insurance claims for ships and cargo, piracy, and civil issues that occur on the sea. If you’re concerned about an incident that happened on the open ocean or navigable waters of the United States, you need legal counsel from an experienced Houston maritime lawyer, such as Richard Schechter.
When Does Maritime Law Apply?
As maritime law governs the sea, generally any incidents that occur on navigable waters are subject to admiralty and maritime jurisdiction. If there is a question about whether an inland body of water qualifies as navigable, note that it does if it can support maritime commerce and either empties into the ocean or goes through two states. Whether an incident occurred in the Gulf of Mexico or the Mississippi River, it likely falls under maritime law jurisdiction, and you should contact The Law Office of Richard Schechter, P.C. for legal help.
Where Is Maritime and Admiralty Jurisdiction?
Admiralty and maritime jurisdiction can be a difficult topic to comprehend, especially if you’re not familiar with the history behind it. At one time, the United States Constitution allowed only the Supreme Court to hear admiralty cases. But now, years later, both federal and state courts can hear some admiralty cases, which should make it easier for you to get your case resolved as soon as possible. Note that certain cases — such as those involving a maritime lien or ship foreclosure — can only be heard in federal court. Keep in mind that the decision of which court the case ends up in depends on the laws involved and is not up to the people involved in the case.
As mentioned, just about any case that takes place on navigable water likely falls under admiralty jurisdiction. Whether you were injured during a cruise in the ocean or you lost a loved one who was working on a ship at sea, your case might fall under maritime law jurisdiction. To find out for sure, contact an experienced maritime lawyer who can go over the facts of your case and let you know how to proceed. Call The Law Office of Richard Schechter, P.C. today to schedule a free consultation so you can be on the way to having answers about your case as soon as possible.
