Maritime/Admiralty

My accident happened on Lake Erie. What law will apply to my claim – state law or federal maritime law?

Whether you are on the Queen Mary or a jet ski, if you were in U.S. waters, federal maritime law probably applies. As a general rule this law applies to any collision or other accident that occurs on “navigable waters of the United States,” which includes all of the Great Lakes and all of the rivers that run into them. Federal maritime law may also apply to accidents on structures next to navigable waters, such as docks and breakwalls, if the accident resulted from something that started on the water. Federal law usually will NOT apply to accidents on smaller lakes within the state (example: Burr Oak Lake in Ohio) because most of these are not “navigable waters of the United States.”

Does it matter what law applies?

There are many important differences between the maritime law and the law of the various states. These include the effect of any fault you have for the accident, how much time you have to file a lawsuit and where you can file the suit. As one example, the law of many states (Ohio is one) forbids recovery of anything if you are more than 50% at fault. The maritime law allows a proportionate recovery even if you are 99% at fault.

What law applies to a passenger on a cruise ship?

General maritime law usually applies. This law is the same throughout the country.

What rights does a passenger have if he is injured on a cruise ship or if he has complaints about the cruise?

The passenger ticket issued by the cruise line is a contract between the passenger and the cruise line. The ticket contains important information regarding the passenger’s rights and should always be reviewed when the passenger has a complaint. The ticket may limit some of the passenger’s rights against the cruise line.

If the passenger wants to sue the cruise line, where should the lawsuit be brought?

Many passenger tickets specify the place where the lawsuit must be filed. Often, the tickets require the passenger to file suit, if at all, in Miami or Dade County, Florida, or in California. These venue clauses have been upheld by the courts.