History of Admiralty & Maritime Law

History of Admiralty & Maritime Law

Admiralty law (also known as maritime law) governs the conduct of vessels and incidents occurring at sea. Although most countries have their own laws regarding maritime commerce, seamen, and the conveyance of passengers, many aspects of admiralty law are recognized internationally through multilateral treaties. As ships provided one of the earliest methods for transporting goods over long distances, rules regulating shipping can be traced back to the ancient Greeks in approximately 900 B.C.

The concept of a separate legal authority regulating maritime issues was brought to the west by Eleanor of Aquitaine, who learned of the concept when she accompanied her first husband King Louis VII of France to the Mediterranean on the Second Crusade. The term admiralty law came from the British admiralty courts, who presided over maritime matters separately from England's common law courts. As the U.S. judicial system is based on the British system, amended admiralty laws were gradually incorporated into our legal system soon after the constitution was ratified.

Involving a Maritime Attorney

Maritime injury attorneys exist to help injured seamen or dock workers get the compensation they need to recover from serious injuries and afford long-term medical costs that occurred offshore. That includes any accidents that occur on "navigable waters" (rivers and ocean) and in harbors or docks.

Our maritime lawyers have represented clients who were injured in:

• Jack-up rig accidents
• Barge accidents
• Deck accidents
• Commercial fishing accidents
• Tugboat accidents
• Cargo ship accidents
• Oil platform accidents
• Shipyard accidents

Our maritime attorneys represented more crew members of the Deepwater Horizon and the El Faro than any other law firm. We not only understand maritime law, but the practices and culture of maritime employers. Speak with us to discuss your case so we can go over your legal and financial options.

Features of Admiralty Law

 Houston Maritime Attorney law set forth many of the basic legal tenants associated with the sea and seamen, including:

• The right of a rescuer to claim a Marine Salvage award for recovering property lost at sea.
• The right for creditors and seamen who are owed wages to have a Maritime Lien against a vessel as a security interest to ensure they are paid.
• The duty for ship owners to provide reasonable care to passengers.
  • If negligence results in a passenger injury, suit may be brought against the shipowner just as if the injury had occurred on land.
• The benefit of maintenance and cure, which requires ship owners to care for injured crew.
  • Maintenance obligates ship owners to provide seamen with basic living expenses until they can return to work. Cure obligates ship owners to provide free medical care—even if that care is long-term or permanent until an injured seaman reaches the state of maximum medical cure (i.e., returned as close as medically possible to the condition the seaman was in before the injury).

Jurisdiction in Maritime Law Cases

In the U.S., jurisdiction over admiralty law matters was originally given to the federal courts. However, today most admiralty cases can be heard by both state and federal courts under the saving to suitors clause in Title 28 of the United States Code (28 U.S.C. § 1333). The exception to this is any matter involving maritime property; those cases may only be tried in federal court. If a state court presides over an admiralty case, the court is required to apply admiralty or maritime law rather than its state law.

How Does Maritime Law Provide for Hurt Workers?

Without maritime law, injured seamen would be left on their own to counteract suffering they sustained while working. Anytime a ship employee becomes injured or sick, the vessel owner is required to reimburse their losses. Maritime law refers to this reimbursement as maintenance and cure, meaning that until the seaman fully recovers, the employer must provide for their affliction. The court views this obligation as an unquestionable duty that the shipowner owes any seaman aboard their vessel. Seamen are also eligible to recover full wages for the length of the voyage during which they sustained injuries or illness. An employment contract may dictate the amount of unearned wages a seaman can receive.