Admiralty law in Louisiana refers to the body of federal maritime law that governs navigation, shipping, and offshore activities on navigable waters within and around the state. This includes the Gulf of Mexico, the Mississippi River, and other inland waterways.
Admiralty law covers a wide range of legal issues, including cargo disputes, vessel collisions, contracts, salvage, marine insurance, and personal injury claims. It is important for protecting the rights of seamen, offshore oil and gas workers, and others in the maritime field.
If you are injured on the job as a maritime employee, it is important to get the right legal assistance. Call today for a free consultation and learn how a New Orleans maritime lawyer can help.
Is Admiralty Law the Same as Maritime Law?
Admiralty law mainly addresses the legal and court aspects of maritime cases, while maritime law is a broader term that includes all laws related to ocean travel, shipping, and offshore activities. However, the terms admiralty law and maritime law are often used interchangeably.
What Does Admiralty Law Cover?
Admiralty law covers a broad range of topics, including shipping contracts, vessel collisions, cargo disputes, marine insurance, personal injuries to maritime workers, salvage rights, and pollution from ships or offshore structures.
Maritime or admiralty law protects individuals involved in work, travel, or commerce on navigable waters, such as:
- Seamen
- Longshore and Harbor Workers
- Passengers
- Offshore Workers
- Vessel Owners and Operators
Is Admiralty Law Federal?
Admiralty law is mainly federal, based on the U.S. Constitution, statutes, and longstanding court precedents. Federal courts usually have exclusive jurisdiction over most admiralty cases, although some claims can be filed in state courts under specific exceptions.
How Does Admiralty Law Interact With State Law in Louisiana?
While federal law governs most maritime issues, Louisiana state law may apply in specific areas, such as contracts or personal injuries, under the savings to suitors clause (28 USC § 1333). However, federal maritime law takes precedence over state law when they conflict.
Is Admiralty Law Criminal or Civil?
Admiralty law is primarily civil, dealing with issues like personal injury, contracts, and property damage. However, it can include criminal elements such as piracy, drug trafficking, or environmental violations when maritime activities violate federal or international laws.
Who Regulates Maritime Law in Louisiana?
Maritime law is regulated federally by agencies like the U.S. Coast Guard, Maritime Administration, and Occupational Safety and Health Administration (OSHA), alongside the federal judiciary. State agencies may be involved in limited, non-conflicting areas.
Does Admiralty Law Apply to Oil Rigs?
Admiralty law in Louisiana governs mobile offshore drilling units and vessels. However, fixed oil platforms might be subject to different regulations, such as the Outer Continental Shelf Lands Act, under the Bureau of Ocean Energy Management.
What Is Maintenance and Cure?
Maintenance and cure is a legal obligation requiring a maritime employer to provide injured seamen with essential living expenses and medical care until they reach maximum medical improvement, regardless of who was at fault.
What Is the Jones Act?
The Jones Act is a federal law that allows injured seamen to sue their employers for negligence. It offers more protections than general maritime law and applies to workers who spend a significant amount of time working on a vessel in navigable waters.
What Is the Difference Between Jones Act Seamen and Other Maritime Workers?
Jones Act seamen work on vessels and help with the vessel’s function or mission. Other maritime workers, like longshore or harbor workers, are covered by different laws and usually do not qualify for Jones Act protections.
What Is the Louisiana Rule of Maritime Law?
The Louisiana Rule states that when a moving vessel hits a stationary object like a dock or anchored boat, it is assumed to be at fault unless it proves otherwise. This rule requires the moving vessel to explain the incident.
What Is Rule 7 in Maritime Law?
Rule 7 of the International Regulations for Preventing Collisions at Sea requires vessels to use all available means, such as radar, visual observation, and automatic identification systems, to assess if there is a risk of collision. If such a risk exists, appropriate action must be taken.
Get Help When You Need to Know About Admiralty Law in Louisiana
Admiralty law in Louisiana involves federal rules that regulate navigation, shipping, and offshore activities on the state’s waters. Because Louisiana has a major river, an active port system, and an offshore energy industry, admiralty law is especially important in the region.
If you work in an industry that involves spending a lot of time on the water, it is important to understand admiralty law. If you are injured on the job, there may be options for you to recover compensation.
An attorney experienced in maritime law can help you understand your choices. Our team at Cueria Law Firm has been fighting for injured workers since 1993. Call today to schedule a free consultation and discuss your case.
