A pleasant day cruising on the Hudson River, sailing on Long Island Sound, or fishing off the Jersey Shore can quickly turn from relaxing to terrifying when your boat is involved in an accident. Instead of enjoying the rest of the day, you're left needing medical care and wondering how to get fair compensation for medical bills, lost wages, and other losses.
When a boating accident happens on navigable waters, it's crucial to determine which laws apply to your claim. The experienced New York and New Jersey boat accident lawyers at Hofmann & Schweitzer can guide you through the process of understanding which laws apply to your claim and securing the compensation you deserve.
What Is Maritime Jurisdiction?
Maritime jurisdiction, also known as admiralty jurisdiction, refers to the authority of federal courts to hear cases involving incidents that occur on navigable waters, including both commercial and recreational vessels.
Several factors determine whether a body of water is considered navigable for the purposes of admiralty law:
- Interstate or international commerce. The waterway must be capable of supporting interstate or international trade and travel. Major rivers like the Hudson and the Atlantic Ocean off the coasts of New York and New Jersey clearly meet this standard.
- Navigability in fact. The body of water must be deep, wide, and slow enough for vessels to navigate safely. This is a relatively broad standard that encompasses many smaller rivers and lakes.
- Connection to other navigable waters. Even if a particular stretch of water can't support interstate commerce on its own, it may still fall under admiralty jurisdiction if it connects to a larger network of navigable waterways.
When an accident occurs on waters that meet these criteria, federal maritime law may apply instead of or in addition to state personal injury statutes.
However, not all recreational boat accidents automatically fall under admiralty jurisdiction, even if the body of water meets navigability criteria. For admiralty jurisdiction to apply, the maritime activity must also have a sufficient maritime nexus (connection to maritime commerce or navigation).
How Maritime Jurisdiction Affects Your Boating Accident Claim
The application of admiralty law can significantly impact several aspects of your recreational boating accident case, including:
Filing Deadlines
Maritime law imposes strict deadlines for filing injury claims. Therefore, consulting with a knowledgeable attorney as soon as possible is essential to determine the applicable law, gather critical evidence, and protect your rights by filing a timely claim.
Shared Fault Rules
Under maritime law, the concept of comparative negligence applies to boating accidents. This means that if you're found partially at fault for the collision, your compensation will be reduced by your percentage of responsibility.
In contrast, some states follow contributory negligence rules that bar any financial recovery if the injured person shares even 1% of the fault. Determining whether maritime or state law applies is crucial for assessing your ability to obtain compensation.
Venue Options
Admiralty jurisdiction gives you more flexibility in choosing where to file your boating accident lawsuit. You can bring a claim in either federal or state court, depending on the specific circumstances of your case.
Applicable Laws and Precedents
When maritime law governs your recreational boating accident claim, different statutes and case law precedents will guide the proceedings. Attorneys who focus on admiralty cases understand the nuances of these laws and how courts have interpreted them in previous decisions.
For example, maritime law recognizes the principle of unseaworthiness, which holds boat owners responsible for ensuring their vessels are safe and fit for their intended purpose. If a defective component or lack of proper maintenance contributes to an accident, this doctrine can provide a path to compensation.
Get Help With Your Legal Claim After a New York or New Jersey Area Boat Accident
Determining whether admiralty jurisdiction applies to your recreational boating accident case—and how it affects your legal rights—requires careful analysis from an experienced attorney. At Hofmann & Schweitzer, our New York and New Jersey lawyers have represented injured boaters and their families for decades.
We understand the physical, emotional, and financial challenges you face in the wake of a serious boating accident. Our team will thoroughly investigate the incident, gather evidence to support your claim, and advocate for the full compensation you deserve. We're here to take the burden off your shoulders so that you can focus on healing.
