Maritime Lawsuit Attorneys

Admiralty Law

Admiralty law is commonly known as maritime law. It governs relationships between operators of vessels. It is separate from the law of the sea which is public and primarily handles mineral rights, navigational rights, and jurisdiction over coastal water.

Jurisdiction over admiralty is granted to federal courts as defined by Article III, Section 2 of the United States Constitution. However, many lawsuits are filed in state courts as well. According to 28 U.S.C. § 1333, federal district courts have original jurisdiction. However, persons are able to sue in state courts as set forth in the savings to suitors clause.

Cases which can be brought to the state are extremely limited. All in rem maritime actions must go before a federal court. This includes arresting ships to impose maritime liens and mortgages, actions seeking to divide ownership of a ship, and appeals to place limitations on a ship owner’s liability to the value of a ship after an accident. More common suits such as damage to cargo, collision between vessels, injuries to those aboard, pollution, and wake damage can all be brought to a state court.

There is no right to trial by jury in admiralty cases filed in a federal court. However, due to the Jones Act, a seamen’s injury actions may go before a jury. States vary as to which cases are presided by over by a judge.

If you would like more information concerning admiralty law and your rights, contact the experienced maritime lawyers of the Williams Kherker law firm by dialing 1-866-950-9000 today.