Admiralty Law

If you ship cargo or your business involves international waters activities, admiralty law may apply
By James Cahoy Admiralty law is, in effect, the law of the sea. It governs everything from injuries to seamen and collisions between vessels to pollution. However, for purposes of business, the two chief concerns of admiralty law are dealing with cargo and personal injury claims at sea, and the way the law governs companies that run operations in national and international waters.
 
 
Federal courts have exclusive jurisdiction in admiralty and maritime law actions according to the United States code. However, a "savings to suitors" clause allows other lawsuits involving the same facts but not involving admiralty law to be brought to state court.

Cargo claims for shipping in international waters is covered by the Hague Rules, which is enacted in U.S. federal law by the Carriage of Goods by the Sea Act. International maritime law is mostly standardized; however some variations apply between countries.

If you deal with shipping or anything involving international waters, or you have employees who work on boats or docks, you should know that:

1.   Ship owners are liable for cargo from loading to discharge, unless the case falls under an exception to liability. A ship owner is generally entitled to limit its liability to $500 per container.

2.   Admiralty law is exceedingly complex and admiralty lawyers are among the most specialized in the United States. A maritime lawyer is a necessity for negotiating a complex contract involving shipping or a personal injury lawsuit involving an incident in water.

3.   While admiralty lawyers may handle both lawsuits involving shipping and personal injury claims, they are different specialties within admiralty law. Know when you will need representation for either type of claim, and make sure you hire the right maritime attorney.

Have a basic knowledge of admiralty law and international maritime law

Knowing simple facts about when admiralty law applies will allow you to decide when you need to hire a maritime lawyer.
Try: One of the best resources on the web for admiralty law is the Admiralty Law and Maritime Guide, which provides information and a large number of links to admiralty law resources. Maritime Legal Resources gives an excellent overview of maritime law. If you are interested in more in-depth studies of maritime law, the International Maritime Law Institute offers courses and other materials for learning about maritime law

If you work with cargo, know where to find admiralty law firms and admiralty attorneys

If you have an admiralty case, you don't want to represent yourself. A good admiralty law firm is essential.
Try: A good place to find a maritime lawyer is the Online Lawyer Source, which provides listings of attorneys in the field of admiralty legal practice. Another great resource for getting a maritime attorney is Findlaw, which offers an admiralty lawyer directory by region.

Know where to find a law firm specializing in maritime personal injury law

If you have employees working on ships or docks, remember that personal injury law is different on the sea than on land. A maritime injury lawyer must be employed.
Try: Lawyers.com has an admiralty lawyer directory that focuses on personal injury maritime law. Marinemall.net offers a listing of admiralty lawyers nationwide and outside the U.S. available for consultation.