The Main Areas of Maritime Law

maritime law

Maritime law is regulated by Congress, under the Commerce Clause of the U.S. Constitution. Unlike civil law and arbitration, federal courts have exclusive jurisdiction over maritime matters. While there are some maritime actions that must be brought in federal court, most cases can be heard in state courts. Here are some examples. Maritime actions can be brought to partition ownership of a ship after a large accident, enforce a maritime lien, or enforce a ship’s rights.

The maintenance and cure principle, established by the Merchant Marine Act, allows an injured seaman to obtain compensation from the shipowner. This principle applies to all seafarers, regardless of whether they were injured onboard or off. Injuries caused by shipowner negligence are also covered. A successful claim may result in attorney fees, punitive damages, and compensation for maintenance. A successful claim may even result in a lawsuit against the shipowner. This is because shipowners are held responsible for the safety of their ships, and if a seaman is injured, they can sue them for the damages they caused.

Although courts have made it illegal for companies to avoid liability in cases where there is clear negligence, the practice is still widespread. Companies may attempt to shift blame and avoid having to compensate injured parties. But a skilled maritime lawyer is well-versed in these tactics and can help ensure that your company does not shrink its responsibility. That way, you can obtain the compensation that you deserve and avoid paying a company that is not willing to pay it. So what are the main areas in maritime law?

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