Maritime Law in Boating Accidents
With over a million registered vessels in Florida, boating accidents are, unfortunately, a common occurrence. When such accidents happen, it’s crucial to understand how maritime law may be involved.
Unlike car accidents that fall under state jurisdiction, boating accidents often fall under maritime law, a specialized area of law that governs navigable waters. When accidents happen at in the waters around Florida, the legal landscape shifts dramatically, and having the representation of an experienced Florida boat accident lawyer well versed in maritime law can give you an important advantage.
What is Maritime Law?
Maritime law, also known as admiralty law, is a body of laws, conventions, and treaties that govern private maritime business and other nautical matters. It covers a wide range of issues, including shipping, cargo, maritime injuries, and, yes, it applies to boating accidents in Florida. Maritime law is federal law, meaning it supersedes state laws—including those of Florida–where applicable. This is why it is important to retain a true maritime attorney to work for you on your boating accident case. The boat insurance companies know the law and so do their defense attorneys; you better have an attorney to fight for you who knows the laws.
Jurisdiction Matters
One of the most critical aspects of maritime law is jurisdiction. While state laws govern accidents that happen within a state’s territorial waters, maritime law typically applies to accidents that occur in “any waters navigable within the United States for interstate or foreign commerce. In such waters admiralty jurisdiction includes maritime matters not involving interstate commerce, including recreational boating.” However, the “navigable waters” term can extend to rivers and lakes that are used for interstate commerce. Therefore, determining jurisdiction can be complex and requires a deep understanding of maritime law. This is why your choice of attorney is critical to your case. You need the attorneys who specialize in this area of law and in Florida boating accidents.
The Role of Negligence
As with other personal injury cases, negligence plays a significant role in boating accidents. Under maritime law, boat operators have a “duty of care” to operate their vessels safely. Failure to do so can result in liability for any accidents and injuries that occur.
However, maritime law has its own set of negligence standards that, in some instances, differ from Florida state laws, including the concept of “comparative fault,” which allows a damaged party to recover even if they are partially at fault. In contrast, since March 24, 2023, Florida has become a modified comparative negligence state, which means that if an injured party is deemed to be more than 50% at fault, they could not recover any damages—but this Florida law does not apply in the maritime context. Again, this is why you need to contact the attorneys who practice in this law and these issues every day. You would never allow a surgeon to operate on you who had never performed that surgery before; don’t trust a law firm who does not specialize this very complex area of law.
Unique Remedies and Limitations
Maritime law offers unique remedies and limitations that you won’t find in Florida’s personal injury laws. For example, the “Limitation of Liability Act” allows a vessel owner to try to limit their liability to the value of the vessel after the accident. This can significantly impact the amount of compensation you can recover. On the flip side, maritime law also provides for “maintenance and cure,” which obligates an employer to pay for an injured crewperson’s medical care and daily living expenses, irrespective of who was at fault.
Statute of Limitations
Maritime law comes with its own set of deadlines for filing claims, ranging from one to three years, depending on the specific statute. These time limits are strictly enforced, making timely legal action crucial.
Why You Need a Specialized Attorney
Given the complexities and unique aspects of maritime law, it’s crucial to consult an attorney who specializes in this field if you’re involved in a boating accident. A general personal injury attorney may not have the expertise to navigate the intricacies of maritime law effectively. At www.888BoatLaw.com, our Florida boat accident attorneys are well-versed in maritime and admiralty law, ensuring that you get the specialized help you need to recover to the fullest extent.
Contact the Law Offices of Frank D. Butler, PA
Boating accidents are complex events that require specialized knowledge in maritime law for appropriate legal action. At the Law Offices of Frank D. Butler, PA, we have that. With our extensive understanding of maritime statutes and a proven track record, we are your choice for navigating the complex legal waters successfully.
Source:
law.cornell.edu/wex/admiralty#:~:text=American%20admiralty%20law%20formerly%20applied,interstate%20commerce%2C%20including%20recreational%20boating.
