Maritime Law Remedies for Gulf Coast Nautical Injuries
Maritime law applies to claims arising from injury or death on commercial vessels, and on land where the activity is caused by a vessel on navigable waters. It also often extends to pleasure craft.
August 28, 2009 /24-7PressRelease/ -- Maritime Law Remedies for Gulf Coast Nautical Injuries
Article provided by Bohrer Law Firm, LLC
Visit us at www.bohrerlaw.com
The Gulf Coast region of the United States is an incredible commercial asset for both industry and tourism. Tons of cargo are shipped in and out of the country via busy ports and waterways -- from New Orleans, where the mighty Mississippi River ends its long journey, to the Atlantic Ocean, to the Houston Ship Channel, the Intracoastal Waterway, Gulfport, Galveston, Beaumont, Biloxi, Port Arthur and many more important coastal hotspots.
From the Gulf Coast global interface, goods flow to and from the nation's heartland via mighty rivers and their tributaries. Thousands of workers make the system function by navigating and manning the vessels, and managing the complex system that loads and unloads the ships and barges. Commercial activity extends out into the Gulf itself with its abundant fishing, shrimping and seafood industries, as well as its plethora of tourism opportunities, including pleasure boating, yachting, cruising, sailing, diving, fishing, swimming, waterskiing and other water sports.
Off the coasts of Texas, Louisiana, Mississippi and Alabama, on the continental shelf and in even deeper waters are hundreds of oil and gas platforms and drillships from which thousands of wells are drilled. The oil and gas is shipped to refineries via pipelines or vessels. To sustain the offshore oil and gas industry, thousands of workers are needed on the floating, tethered or stationary rigs, as well as to man the transport and rescue vessels and aircraft that sustain offshore life.
Injury and Death Inevitable
The immensity of the manpower needed to sustain Gulf Coast industrial and tourism commerce is both a blessing and a curse. On the economic side, millions of sorely needed jobs are created, and on the personal side, millions of people leave the stress of their lives behind to enjoy the beauty of the Gulf. Around industrial equipment, powerful waters and risky sporting activities, however, accidents are inevitable, causing serious injuries and fatalities. Unfortunately, all too often these incidents are caused by careless, negligent or reckless behavior or practices of persons, companies or governments.
Typical accidents that cause injury and death include those involving unseaworthy vessels, collisions, crashes, navigational errors, explosions, chemical fires, diving, helicopters, alcohol and maritime traffic violations, employment duties, heavy lifting, cranes and other heavy equipment, falls, crushing, heavy cables, defective equipment, commercial or pleasure diving, inadequate training or safety procedures, and heavy winds or storms.
Common maritime injuries include:
-Impact and fall injuries like broken bones
-Back and neck injuries, including spinal cord injuries
-Traumatic brain injuries (TBIs)
-Repetitive motion injuries
-Burns and chemical exposure
-Drowning
-Crushing injuries
-Diving injuries like decompression sickness (DCS) and arterial gas embolism (AGE)
-Injuries leading to death
Legal Recourse for Water-Related Harm
In the U.S., maritime law, also called admiralty law, is the main source of legal relief for claims arising from injury on the seas, lakes, navigable rivers and other navigable waters. Both state and federal courts have jurisdiction over maritime and admiralty matters and have developed extensive general maritime law governing civil claims, often called maritime torts, for maritime injury and death.
Congress has also passed important federal statutes dealing with injury and death of maritime workers, and of others injured or killed in maritime accidents, including:
- Jones Act -- Grants seamen (or in cases of death, their personal representatives) the right to sue their employers for employment-related injuries, and certain relatives the right to sue for wrongful death
- Death on the High Seas Act (DOHSA) -- Gives the right to sue for wrongful death to certain relatives of persons killed wrongfully on the high seas outside of state territorial waters
- Longshore and Harbor Workers' Compensation Act (LHWCA) -- Provides workers' compensation benefits for injured non-seaman maritime personnel
Maritime law normally applies to claims arising from injury or death on commercial vessels and on land where the activity is caused by a vessel on navigable waters. Maritime law often extends to pleasure craft, as well.
Informed Legal Counsel Crucial
A victim of a maritime accident should seek as early as possible the advice of an attorney thoroughly familiar with maritime law, as well as with how it interacts with other types of law -- local, state, federal non-maritime, foreign and international -- that may provide additional or alternate remedies in some situations. An experienced lawyer can also help to untangle complex questions of insurance law and to identify potentially responsible parties like employers, manufacturers of defective equipment, negligent maintenance companies, negligent or alcohol-impaired individuals, and others. Finally, a knowledgeable maritime attorney can launch an effective investigation into accident details that a layperson might not know to explore.
Further Related Resources:
Press Release Contact Information:
Findlaw PR
