When injuries happen on land—whether in a car accident, construction site, or private property—they typically fall under state-based personal injury law. But when an injury occurs at sea or on a navigable waterway, the legal landscape changes entirely. Maritime personal injury law, also known as admiralty law, comes into play—and it brings its own set of rules, protections, and challenges.
Whether you’re a commercial seaman, cruise ship passenger, or dockworker, understanding your rights after a maritime injury is crucial. In this blog, we’ll explain how maritime personal injury law works, how it differs from traditional tort law, and what you can legally pursue if you’ve been hurt on the water.
What Is Maritime Personal Injury Law?
Maritime law governs legal disputes and offenses that occur on navigable waters, including oceans, rivers, and lakes used for commerce. This includes accidents involving ships, offshore platforms, fishing vessels, and cruise liners. Personal injury claims in this domain are handled under federal admiralty jurisdiction, not state civil courts.
Unlike land-based personal injury claims that are guided by state statutes and common law, maritime injury cases are governed by a combination of federal statutes, international treaties, and centuries-old admiralty principles.
Who Is Covered by Maritime Injury Law?
The protections under maritime law vary depending on the injured party’s relationship to the vessel or water-based work.
1. Seamen
Seamen are crew members who spend a significant portion of their time working aboard a vessel in navigation. They are protected under the Jones Act, which provides the right to sue their employer for negligence.
2. Passengers
Cruise ship guests, ferry riders, and other non-working passengers injured at sea may have claims under general maritime law or specific cruise ticket contract provisions. These cases often involve slip and falls, food poisoning, or medical negligence aboard a vessel.
3. Dockworkers and Harbor Workers
Workers injured near the water—but not technically seamen—are typically covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA), a federal law that provides no-fault benefits.
How Maritime Injury Claims Differ From Land-Based Claims
While there are some similarities between maritime and traditional personal injury cases, several key differences set them apart.
Jurisdiction and Venue
Maritime injury cases usually fall under federal court jurisdiction, though injured parties may sometimes choose to file in state court. The rules for venue (where the case is filed) and the applicable law are much more complex than in standard tort claims.
The Jones Act
Unlike general negligence laws on land, the Jones Act allows seamen to sue their employer directly for injuries caused by unsafe conditions, poor training, or faulty equipment. The burden of proof is lower than in land-based negligence claims. A seaman only needs to show that the employer’s negligence played any part, however small, in causing the injury.
Maintenance and Cure
Seamen injured on the job are entitled to maintenance and cure, a unique maritime right that requires employers to pay daily living expenses (maintenance) and medical costs (cure) until the worker reaches maximum medical recovery—regardless of fault.
Comparative Fault
In most land-based claims, states follow various systems for determining shared fault. Maritime law generally follows pure comparative fault, meaning even if the injured party is 90% at fault, they may still recover 10% of their damages.
Statute of Limitations
Land-based injury claims are governed by state statutes, often allowing two to three years to file. Maritime claims may have shorter or stricter limitations. For example, under the Jones Act, you have three years to file suit, but cruise ship passengers often have as little as one year, based on ticket terms.
Common Maritime Personal Injury Scenarios
Maritime injury cases can arise from a range of dangerous situations, including:
- Slippery decks or poorly maintained walkways
- Collisions or groundings
- Falling cargo or unsecured equipment
- Lack of safety gear or proper training
- Assault by crew members or passengers
- Fire or flooding at sea
- Mechanical failures or equipment malfunctions
Whether your injury happened offshore, in port, or during navigation, the details matter in determining legal strategy and responsible parties.
Proving Fault in a Maritime Injury Case
As in land-based injury law, maritime injury claims require you to show that:
- You were owed a duty of care
- That duty was breached
- The breach directly caused your injury
- You suffered compensable damages
But under maritime law, especially the Jones Act, the burden of proof is far more favorable to injured seamen than in typical negligence lawsuits.
Your attorney may use vessel maintenance records, safety logs, crew testimony, and expert reports to show that the employer failed to maintain a seaworthy vessel or failed to take reasonable safety precautions.
What Compensation Can You Pursue?
If you’ve been injured at sea or in a maritime work environment, your potential compensation could include:
- Medical bills (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Vocational rehabilitation
- Maintenance and cure (for seamen)
In cases involving gross negligence or recklessness, punitive damages may also be available under general maritime law.
Steps to Take After a Maritime Injury
If you’re hurt on the water, timing and documentation are everything. Here’s what to do:
Seek Immediate Medical Help
Your health comes first. Get treatment aboard the vessel and follow up on land as soon as possible. Make sure your injuries are clearly documented.
Report the Injury
Notify your supervisor or ship’s officer immediately. A written report should be filed, and you should request a copy.
Gather Evidence
Take photos of the accident scene, your injuries, and any equipment involved. Get names of witnesses and ask for incident reports.
Speak to a Maritime Injury Attorney
Maritime law is not the same as personal injury law. You need a legal team that understands the intricacies of admiralty jurisdiction, vessel conditions, and employer obligations under the Jones Act or LHWCA.
Conclusion: Navigating a Maritime Injury Claim Requires the Right Legal Guidance
Maritime injuries are not just land-based injuries that happen to occur at sea—they are legally distinct and require a firm grasp of federal law, specialized doctrines, and industry-specific standards. If you’ve been injured aboard a ship, dock, or offshore facility, don’t assume your case will follow the same rules as a typical personal injury claim.
At Alan Ripka & Associates, we have the experience and resources to handle complex maritime injury cases. Whether you’re a seaman, cruise ship passenger, or harbor worker, we’ll guide you through every step—gathering evidence, identifying the responsible parties, and fighting for the full compensation you deserve.
📞 Contact us today for a free consultation. Visit alanripka.com or call now.
