US Maritime Law
Sources of US Maritime Law
Article III of the US Constitution extends the federal judicial power to all cases of admiralty and maritime jurisdiction. The Jones Act of 1920 regulates cabotage and provides a negligence remedy for seamen. The Death on the High Seas Act (DOHSA) of 1920 governs wrongful death on the high seas. The Limitation of Shipowners’ Liability Act of 1851 allows shipowners to limit their liability to the value of the vessel after an incident. The Carriage of Goods by Sea Act (COGSA) of 1936 governs the rights and liabilities of carriers under bills of lading. Federal courts develop the general maritime law, which supplements statutory provisions and applies uniform federal rules to maritime matters.
Admiralty Jurisdiction
Federal district courts have original jurisdiction over all admiralty and maritime claims. The traditional maritime tort test, established in Executive Jet Aviation, Inc. v City of Cleveland, 409 U.S. 249 (1972), requires that the wrong must have occurred on navigable waters and bear a substantial relationship to traditional maritime activity. The maritime contract test asks whether the contract’s subject matter is maritime in nature. The maritime but local doctrine applies state law to certain maritime matters that are local in character, provided state law does not conflict with federal maritime law. The savings to suitors clause (28 U.S.C. § 1333) preserves common law remedies, allowing plaintiffs to bring in personam maritime claims in state court.
The Jones Act and Seaman Remedies
The Jones Act (46 U.S.C. § 30104) allows a seaman to bring a personal injury action against the employer for negligence. To qualify as a seaman under the Jones Act, the worker must have a connection to a vessel in navigation that is substantial in duration and nature. The standard of care is ordinary negligence, with the doctrine of comparative fault reducing recovery proportionally. The unseaworthiness doctrine imposes strict liability on the shipowner for injuries caused by an unseaworthy condition — a vessel, its equipment, or its crew that is not reasonably fit for its intended purpose.
Maintenance and Cure
The obligation of maintenance and cure requires the shipowner to provide food, lodging, and necessary medical care to a seaman who becomes ill or injured while in the service of the ship, regardless of fault. The obligation continues until the seaman reaches maximum medical improvement. Maintenance is paid at a daily rate reflecting the reasonable cost of food and lodging ashore. Cure covers medical expenses. Failure to pay maintenance and cure may give rise to independent tort claims for punitive damages.
Limitation of Liability
The Limitation of Shipowners’ Liability Act permits a shipowner to limit liability to the value of the vessel and its pending freight after a marine incident, provided the owner had no privity or knowledge of the conditions giving rise to the claim. The limitation proceeding is brought in federal court and may consolidate all claims arising from the incident. The Act applies to personal injury, wrongful death, and property damage claims.
Longshore and Harbor Workers
The Longshore and Harbor Workers’ Compensation Act (LHWCA) provides workers’ compensation benefits to maritime employees not covered by the Jones Act, including longshore workers, harbour workers, and ship repairers. The LHWCA is a no-fault compensation system administered by the Office of Workers’ Compensation Programs. Covered employers must secure compensation through insurance or self-insurance.
The US Coast Guard
The US Coast Guard is responsible for maritime safety, security, and environmental stewardship. It enforces federal maritime law, inspects vessels, investigates marine casualties, maintains aids to navigation, and conducts search and rescue operations. The Coast Guard also administers the mariner credentialing system and enforces pollution prevention regulations implementing MARPOL and the Oil Pollution Act of 1990.