Ocean injuries are no different than injuries that occur on land except that they occur on the ocean. Because they occur on the ocean a different set of laws apply to ocean injuries. Generally, attorneys refer to these types of personal injury cases as Maritime or Admiralty claims.
"Article III, section 2 of the United States Constitution empowers the federal judiciary to hear “all Cases of admiralty and maritime Jurisdiction.” This jurisdiction is nowhere defined in the Constitution or in any act of Congress. The federal courts have therefore been required to determine the territorial scope and the types of cases that are included within it, as well as the kinds of relief that can be granted. Congress has on occasion broadened the admiralty jurisdiction of the federal courts, and so far the Supreme Court has upheld the constitutionality of these efforts.
The framers of the Constitution conferred admiralty and maritime jurisdiction on the federal courts because of the vital importance that international and interstate shipping had to the new nation. Both in times of war and in times of peace the national interest in an orderly resolution of disputes involving shipping transcended any local interest. Prior to 1875, when federal courts were granted full federal question jurisdiction, the grant of admiralty jurisdiction was the only basis that federal trial courts had for hearing cases that arose between citizens of the same state."
Another common term that refers to a certain class of cases is unseaworthiness: A ship that is not considered safe enough to travel because of improper loading, poor equipment, damage and/or deterioration.
In the following sections each of those types of cases will be explained.
An ocean injury can also involve property damage. Boats and other types of property on the ocean or in a port can be damaged and a claim for that damage can be made under the categories of laws that I have described above.
Generally, the Jones Act applies to crew members (employees) on oceangoing vessels. Those employees can also bring claims based upon the fact that a particular vessel or its accessories and hardware was "unseaworthy".
The ocean is beautiful and ocean activities are fun but risks abound in the ocean and injuries are not uncommon. Crew members are injured operating equipment and dealing with rough seas. Another type of crew injury occurs when a boat is not equipped with proper devices, accessories or facilities to allow a job of the crew to be performed in a safe and healthy way. Repetitive stress injury for cooks and maids are not uncommon on cruise ships. Crew members are often required to work extremely long hours and provided with inadequate rest, thus aggravating the repetitive stress of certain routine tasks.
Another common type of injury has to do with equipment failures. The equipment on ships is subjected to great stress to the ocean environment and to the forces that are at play in operating the vessel. Wenches can fail, the deck can become slippery and hazardous, objects that are stored and tied down can break loose, masts can have structural weaknesses develop through use and also due to manufacturing defects. See: Coast Guard Report Blames Death Of Teen In 2006 On Unauthorized Modifications to Tour Boat’s Mast
Many fixtures on boats and ships pose hazards to crew and passegers alike. Owners of ships, like the owners of airlines, understand that they must carefully inspect and maintain the equipment on the vessel, or persons will be injured. As with the airline industry, injuries caused by defects in equipment on a ship at sea can be catastrophic and result in death or serious injury. If you are interested in the legal aspects of the various types of claims that I have mentioned you can read about specific areas in subsequent pages.
