General Maritime Tort Law

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When a maritime worker or any other person is injured due to negligence, federal maritime law usually provides the rules of law and remedies. This may give rise to a maritime tort. When you call us at 1-800-488-5227, you will be in contact with an experienced firm that knows how, when, and why the different marine law jurisdictions apply in your case. William Gee III fights hard to get clients everything they deserve.

The negligence of a boat or vessel owner can lead to injury to a seaman or to a non-specialized general tradesman working in a maritime or offshore setting. The following are a few examples of negligence:

• A third party who is not the offshore worker's employer is negligent in the accident.
• More than one party is negligent in the offshore or maritime accident injury.
• An employer is aware of a potentially hazardous condition, but fails to address it.

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Learn more about General Maritime Tort Law

Frequent types of maritime torts are those arising out of vessel collisions, injuries to seamen resulting from conditions of vessels on which they are serving but which are owned by third-parties who are not their employers, and claims by maritime workers who are not seamen against vessels and their operators under section 905(b) of the LHWCA.

Most general maritime tort cases involve theories of negligence. The question of whether there was a legal duty to the injured person that was breached in a maritime negligence case turns primarily on whether the injury was a foreseeable result of the negligent act or failure to act. General maritime law also imposes liability on an employer for the negligent and tortuous acts of an employee committed in the course and scope of that employee's work. If a party's maritime negligence causes injury, the victim can sue to recover damages for personal injuries, including pain and suffering, as well as certain economic damages, such as loss of future earnings.

An important feature of general maritime law is that if there is more than one tortfeasor or negligent party whose conduct caused the injuries and damages, the injured victim can recover 100% of his damages from either one of the tortfeasors. This is known legally as "joint and several liability."

Finally, a claim by a seaman, non-seaman maritime worker, or non-maritime worker against negligent third-parties who caused an injury on the water is usually governed by general maritime tort law or state tort law.