Maritime & Admiralty Lawyers
Maritime and admiralty law applies to such matters as:
- Injuries to members of the crew of a vessel, such as a cargo ship, cruise ship, ferry, tug, fishing vessel or dredge
- Injuries to passengers aboard vessels
- Injuries to operators and passengers of recreational vessels and personal watercraft, such as jet skis and wave runners
- Injuries to longshoremen and marina workers
Maritime injury claims fall within a specific area of the law about which few lawyers are knowledgeable. The body of law originates from the earliest days of commerce and was formed in Roman times in the Roman and Byzantine Codes, as well as Islamic law. Admiralty law was brought to England at the time of King Richard the Lionheart. Such law developed in America after adoption of the U.S. Constitution in 1789. Some of the first American admiralty lawyers were Alexander Hamilton in New York, John Adams in Massachusetts and Supreme Court Justice Oliver Wendall Holmes before he was appointed to the federal bench.
United States admiralty law provides for original jurisdiction in the federal courts pursuant to Section 2 of the United States Constitution. 28 U.S.C. §1333 provides exclusive jurisdiction in the federal courts, except “saving to suitors” the right of the injured to bring suit in state court for most actions.
The maritime attorneys at Schwartzman Law work with seamen and longshoremen from all across the country – from the west coast to the Gulf Coast to the east coast – to protect and preserve their rights and maximize the compensation received. For over 40 years, the maritime attorneys at Schwartzman Law have made a name for themselves fighting the big shipping companies and insurance companies. You need the experienced, aggressive maritime attorneys at Schwartzman Law on your side to represent your interests and fight for what’s right. The shipping companies and insurance companies have lawyers protecting their interests. You need to level the playing field and make sure you are represented by the maritime attorneys at Schwartzman Law who can help you navigate the complex law to ensure you receive everything to which you are entitled.
Call (410) 539-6087 or (800) 638-7652 or email ***FREE CONSULTATION***
Maintenance and Cure
The concept of maintenance and cure requires that the shipowner is responsible for the injured worker’s medical care and treatment until he reaches maximum medical cure, as well as basic living expenses until the voyage is completed, even if the seaman is no longer aboard ship. The injured seaman is entitled to maintenance and cure as of right, unless he has committed gross negligence.
Unseaworthiness
The ship owner is liable under the doctrine of unseaworthiness if it does not provide a vessel free of defect, a safe environment in which to work free from harm or injury, or fails to warn of a known hazard.
The Jones Act
The Jones Act provides a remedy for an injured seaman to sue his employer in tort for injury or wrongful death and allows for trial by jury. In order to be eligible, you must be a seaman which is generally defined as a worker who performs thirty (30%) percent or more of his/her working hours onboard a vessel or fleet of vessels under common ownership or control. Otherwise, the worker is considered a land based worker covered under the Longshore and Harbor Workers’ Compensation Act, which is an alternate workers’ compensation scheme.
Passengers Aboard Vessels
For many, travelling on a cruise ship is a trip of a lifetime or a dream vacation full of good memories. However, at times such trips can be interrupted by unfortunate actions or failures on the part of the cruise line. Victims of negligence aboard vessels are entitled to sue the ship owner as in any land based negligence claim. Negligence is the failure to do something that should have been done, or doing something that should not have been done. Ship owners have the duty to provide safe passage aboard its ship without harm or injury caused by its negligence. When a ship owner breaches its duty, the victim passenger is entitled to compensation in the form of lost wages, lost earning capacity, medical bills, pain, suffering, inconvenience, physical impairment, scarring, and loss of relationship. Many times the terms contained in the passenger ticket provides important limitations as to the time period in which the ship owner can be sued, the amount that can be recovered, and the location of where suit can be brought.
Operators and Passengers of Recreational Vessels and Personal Watercraft
For many, owning a boat provides a wonderful recreational activity with family and friends. However, at times catastrophic events occur by unfortunate actions or failures on the part of others. The full measure of damages is available to someone who is injured aboard a pleasure boat, jet ski or wave runner, if the injury is the result of someone else’s negligence.
Longshoremen and Marina Workers
Enacted in 1927, the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) protects certain maritime workers, including dock workers and those maritime workers not covered by the Jones Act. A worker covered by the LHWCA is entitled to payment of his/her wages while under medical care, payment of medical bills, and once medical treatment has ceased, compensation for a scheduled body part or for loss of earning capacity. It is not necessary to prove negligence to be eligible for these benefits. However, if a longshoreman is injured aboard a vessel upon which he is working, under many circumstances, he may be able to receive the full measure of tort damages.
