Most people associate maritime law with cargo ships, oil rigs, cruise liners, and commercial fishing vessels working in waters far from shore. But in Louisiana, where a web of rivers, bayous, lakes, and inland waterways defines much of the landscape and powers much of the economy, maritime law can apply more often than you’d think.
If you or someone you love was injured in an accident on the Mississippi River, the Atchafalaya, the Intracoastal Waterway, Calcasieu Lake, or any number of other inland bodies of water in this state, federal maritime law may govern your claim. You need to consult an experienced Lafayette maritime accident lawyer to protect your rights and help you secure maximum compensation for your damages.
What Is Maritime Law and How Does It Impact a Louisiana Personal Injury Claim?
Maritime law, also known as admiralty law, is a body of federal law that governs accidents, injuries, and disputes arising on navigable waters. Maritime law is different from state personal injury law in significant ways.
Federal maritime law provides specific rights and remedies to injury victims that do not exist in Louisiana’s personal injury laws. In some cases, those rights and remedies of maritime law are much more favorable to accident victims.
The most important federal maritime statutes for inland water accidents include the Jones Act, the general maritime law doctrine of unseaworthiness, maintenance and cure, and the Longshore and Harbor Workers’ Compensation Act (LHWCA). Each applies to a different category of person and a different set of circumstances. The first question in any inland waterway accident case is always: Does maritime jurisdiction apply here?
What Makes a Waterway “Maritime”
Maritime law does not apply to all bodies of water. First, the waterway must be navigable, meaning it is used or is susceptible to use as a highway for interstate or foreign commerce.
Second, for maritime law to apply to a personal injury claim, the accident or incident must have a sufficient connection to traditional maritime activity.
In Louisiana, maritime law often applies to accidents that occur on waterways such as the Mississippi River, the Atchafalaya River, the Red River, Lake Charles, portions of Lake Pontchartrain, the Intracoastal Waterway, and some other major bodies of water in our state.
Why It Matters Whether Maritime Law or State Law Applies to a Personal Injury Claim
Federal maritime law typically offers broader protections and remedies for injury victims. Some of the laws that provide the most powerful protections include:
- The Jones Act. This act gives seamen the right to sue their employers directly for negligence. This right does not exist under standard workers’ compensation law, which typically bars negligence suits against employers. In a successful Jones Act claim, a seaman could recover medical expenses, lost wages, past and future pain and suffering, and loss of earning capacity. In rare cases, punitive damages could even be appropriate.
- The Doctrine of Unseaworthiness. Maritime law gives seamen the right to sue a vessel owner for injuries caused by an unseaworthy vessel or its equipment. Unseaworthiness is a strict liability claim, meaning the vessel owner need not have been negligent in the traditional sense for the plaintiff to prevail.
- Maintenance and Cure. This doctrine requires vessel owners to provide an injured seaman with daily living expenses and medical treatment after an injury occurs at sea or in the service of the vessel, regardless of fault. This obligation continues until the seaman reaches maximum medical improvement.
While maritime law does not apply to all accidents that occur in Louisiana waters, it does apply to many of them and provides strong remedies when it does.
Contact an Experienced Louisiana Maritime Injury Lawyer
If you have been injured in an accident on one of Louisiana’s many waterways, maritime law may apply to your claim. You need the assistance of an experienced Louisiana maritime injury lawyer to protect your rights and help you secure maximum compensation for your damages.
At Anderson Blanda & Saltzman, our Jones Act lawyers in Lafayette have the experience, skills, and resources to build your strongest case and help you recover the full value of your claim. Call (337) 233-3366 or visit our contact page and schedule a free consultation.