Nationwide, we provide care for injured maritime workers. offices in Louisiana and Texas.
Seamen are subject to the same risk of work-related injuries as workers in any other industry whenever they are on the job. The courts are aware of this and are always fighting to uphold general maritime law to safeguard injured mariners. Workers who are hurt at sea or in the marine sector have the right to pursue the requisite financial compensation in accordance with maritime law.
The legal basis for all injuries suffered by mariners is general maritime law. Before diving into the ensuing acts, it’s critical to have a firm grasp of the general law.
History of Maritime and Admiralty Law
The majority of accidents that take place on navigable seas are governed by maritime law, commonly referred to as admiralty law, which is almost as old as the shipping industry itself. The unwritten nautical customs of the Egyptians and Greeks are where the law’s origins can be found. On the Greek island of Rhodes, however, the oldest official codes were developed circa 900 BC. The earliest marine laws and codes were derived from the maritime traditions and regulations of antiquity. For instance, the doctrine of general average, which states that all parties involved in sea cargo, such as the owner and shipper, must equally share any losses or damages that may result from the voluntary sacrifice of a portion of the ship or of the cargo in order to save the whole, has its roots in early Rhodian shipping practices.
Eleanor of Aquitaine introduced the idea of a separate legal body overseeing marine matters to the west. Eleanor learned about the idea while traveling with her first husband, King Louis VII of France, to the Mediterranean on the Second Crusade. The British admiralty courts, which handled marine cases independently of England’s common law courts, are where the phrase “admiralty law” originated. The modified admiralty rules were gradually absorbed into our legal system shortly after the constitution was enacted because the American court system is based on the British system.
When Is Maritime Law Appropriate?
Most obviously, maritime law is applicable to incidents that take place on the high seas, or incidents that take place outside of any nation’s territorial waters. The territorial sea, which are waters within 12 miles of the shore, is also subject to maritime law. Further inland, nevertheless, it is less apparent how the law applies. The Great Lakes and nontidal interior waterways were excluded from the application of maritime law early in the history of the United States because those incidents took place within the “body of the country.” However, this exclusion began to fade during the course of the 19th century.
“Navigable waters” are now subject to maritime law. A waterway is considered navigable if it can act as a “continuous roadway through which commerce is or may be carried on with other States or other countries,” either on its own or when joined to other waters. As a result, a body of water is not navigable for the purposes of admiralty jurisdiction if it is entirely landlocked inside a single state. A body of water can be considered navigable without flowing across states, though. If a body of water is a connection in a network of bodies of water that can be used to facilitate interstate trade, it may be considered navigable. The final criterion is that a state’s trade must be able to travel to another state or another country. Once this need has been met, maritime law will probably apply, even if the vessel is used for leisure purposes.
Events That Call for Texas Maritime Accident Lawyers
Houston maritime injury lawyers are available to assist injured sailors or dock workers in obtaining the money they require to recover from major injuries and pay for overseas medical expenses. This covers any mishaps that take place on docks, harbors, or “navigable waters” (rivers and ocean).