DEFINITION

• Admiralty law covers all contracts, torts, injuries or offenses that take place on navigable waters.

• The traditional domain of admiralty is the ocean, including waters that ebb and flow with the tide. The jurisdiction has been extended over all public navigable waters. Rivers, streams, lakes and other bodies of water are within admiralty jurisdiction if they are navigable waters.

• The federal district courts have original jurisdiction over admiralty matters and apply a special set of rules and principles of law to cases presented for decision. The federal courts' jurisdiction is not exclusive, however, and sometimes claims may be pursued in state court.

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RELATED PRACTICE AREAS

International Law
Business & Commercial Law
Antitrust & Trade Regulation
Employment Law -- Employee
Employment Law -- Employer

BUZZWORDS

Admiralty Court - A court exercising jurisdiction over all maritime contracts, torts, injuries or offenses. Federal district courts have jurisdiction over admiralty and maritime actions.

Coast Guard - The government agency responsible for enforcing federal laws on the high seas and navigable waters of the United States and its possessions.

Jones Act - Federal statute passed in 1920 providing that a seaman injured in the course of his employment by the negligence of the owner, master or fellow crew members can recover damages for his injuries. (46 U.S.C. Sec. 688)

Jurisdiction - The power of courts to inquire into facts, apply the law, make decisions and declare judgment over a controversy between parties.

Longshore and Harbor Workers' Compensation Act - The federal act designed to provide workers' compensation benefits to employees, other than seamen, who work in maritime employment upon the navigable waters of the United States. (33 U.S.C.A. Sec. 901)

Maritime - Pertaining to navigable waters, i.e., to the sea, ocean, Great Lakes and navigable rivers, and the navigation or commerce thereof.

Maritime Cause of Action - A case arising on the sea, ocean, Great Lakes or navigable rivers, or from some act or contract concerning the commerce and navigation thereof.

Navigable Water - Any body of water that is usable for commerce or travel under the Commerce Clause.

Seaman - Sailors, mariners and persons whose business is navigating ships or who are connected with the ship and in some capacity assist in its conduct, maintenance or service.

Vessel - A ship, brig, sloop or other craft used, or capable of being used, in navigation on water. In order to be a vessel, for purposes of the Jones Act, the structure's purpose must be the transportation of passengers, cargo or equipment from place to place across navigable waters.

PRACTICE AREA NOTES

• Many legal issues that can occur on land can also occur on the water, such as workers' compensation, criminal offenses, personal injury or employment issues. When they occur on the water, some specific situations related to those issues are covered by Admiralty Law.
• Admiralty attorneys in larger firms may handle issues of International Law (import/export, fishing rights), Environmental Law (pollution, dumping), or Business & Commercial Law (leases, liens, bankruptcy).