When a tragedy occurs on a lake like the duck boat accident that happened on Table Rock Lake in Missouri just last year, we are reminded of how cautious we need to be on waterways. Federal laws and regulations control navigable waters, but do those same laws apply to lakes and rivers?
Often when we think of maritime law, we think of activities that take place on international waterways and on cargo and cruise ships. However, the key word in maritime law is ‘navigable.’ Navigable waters are those that allow for the transportation of people and goods and accommodate commercial transactions.
If you have more questions regarding where maritime law applies, feel free to reach out to our maritime lawyers at Kolodny Law Firm. We offer 100% free consultations.
Can Maritime Law Apply to Lakes and Rivers?
Maritime law can apply to lakes and rivers, but it depends on whether the waterway is considered “navigable” under federal law. A body of water is deemed navigable if it supports interstate or foreign commerce, meaning it allows for the transportation of goods or people.
While large lakes and rivers that support significant trade, like the Great Lakes, are clearly navigable, smaller lakes or rivers may only qualify if they connect to a larger waterway that facilitates such commerce.
In some cases, rivers that don’t cross borders might still be considered navigable if they are connected to other navigable waters. This area of law can be complex, and determining whether maritime law applies can require a careful review of the waterway’s commercial capacity.
En Kaiser Aetna contra Estados Unidos, el Tribunal Supremo decidió que una vía navegable se considerará navegable si está sometida al flujo y reflujo de la marea, conecta con vías navegables internacionales o interestatales continuas o tiene capacidad de navegación. Los Grandes Lagos, por ejemplo, son navegables porque cruzan las fronteras de Estados Unidos y Canadá y tienen capacidad para soportar el comercio.
Distinciones del lago
Al considerar el derecho marítimo y los lagos, lo más importante a tener en cuenta es si el lago puede o no soportar el comercio, es decir, el comercio exterior o interestatal. Para la mayoría de los lagos, esto significa que deben cruzar una frontera, ya sea entre estados u otro país. El comercio exterior es cualquier comercio fuera de Estados Unidos.
Distinciones fluviales
Rivers are similar to lakes in that they fall under maritime law if they support foreign or interstate trade. Since many rivers run into a body of water that is considered to be a lake, they often fall under the same distinction as lakes. However, there is a bit more leeway with rivers within maritime law.
In some situations, rivers may fall under maritime law even if they do not cross a country or state border. If they are even connected to a body of water that crosses one of these borders, but do not cross the border themselves, they may still be considered navigable waters. This is a bit of a grey area when it comes to maritime law.
Determinar la jurisdicción
When an incident occurs, it can be hard to determine if resulting legal concerns will be heard by state or federal courts, or even both. Laws that govern navigable waters are drastically different than those that cover accidents that occur on land.
For example, if a maritime accident is being heard in federal court, there is no right to a jury trial. Cases that involve product liability, personal injury, and cargo damage can be heard in state or federal court. Cases that involve property disputes are heard in federal court. The jurisdictional lines are not always clear-cut.
Frequently Asked Questions: Maritime Law
1. Does Maritime Law Apply to Recreational Activities on Lakes and Rivers?
Maritime law generally applies to commercial activities on navigable waters, such as transporting goods or people across interstate or international borders. However, recreational activities can also fall under maritime law if the waterway is considered navigable.
For example, if a recreational boating accident occurs on a navigable waterway (like a river or large lake that supports interstate or foreign commerce), maritime law may apply.
This means that certain legal principles and rules governing boating accidents, such as vessel operation and negligence, could be subject to federal jurisdiction under maritime law. However, the applicability of maritime law depends on the location of the incident and whether the waterway qualifies as navigable.
Maritime law affects liability in boat accidents on navigable waters by establishing a legal framework that is different from standard state laws. In maritime accidents, federal laws, such as the Jones Act and other maritime regulations, may govern the liability of boat operators, vessel owners, and other parties involved. Under maritime law, victims of boat accidents may pursue compensation for injuries or property damage under specific legal doctrines like negligence, unseaworthiness, and strict liability.
Additionally, maritime law does not always allow for a jury trial in federal courts, which differs from state court procedures. The outcome of these cases may depend on the specific circumstances, such as whether the accident occurred on navigable waters and if the waterway is subject to maritime jurisdiction.
3. What Types of Incidents Fall Under Maritime Law?
Maritime law governs a wide range of incidents that occur on navigable waters. These incidents typically include:
- Boating accidents–– Collisions between boats or other vessels, often resulting in injuries or fatalities.
- Maritime personal injury— Injuries sustained by workers aboard ships, vessels, or offshore platforms (such as those covered by the Jones Act).
- Cargo damage or loss-– Incidents involving the loss or damage of goods being transported via waterways.
- Shipping disputes– Legal disputes between vessel owners, operators, or cargo owners regarding the transportation of goods.
- Oil spills and environmental damage– Incidents where pollution or hazardous materials spill into navigable waters, causing environmental harm.
- Admiralty claims– Disputes involving ownership, financing, or operations of ships and vessels.
The key element that qualifies an incident under maritime law is that it takes place on navigable waters, which are waters used for interstate or foreign commerce. This includes activities such as fishing, transportation, or even recreational boating, if the waterway is deemed navigable.
Contact an Experienced Maritime Attorney for Your 100% Free Consultation
If you have suffered an injury on the water, it can be exceptionally confusing if it took place on a lake or a river. What laws apply? Where will the case be heard? The thing you need to immediately focus on is finding the right attorney to help answer these questions.
The maritime attorneys at Kolodny Law Firm are experts in maritime law and can help you navigate the intricacies of a maritime personal injury. Contact us today to schedule a consultation.
Call (713) 532-4474 or complete a Free Case Evaluation form
Alan Kolodny está comprometido a representar a clientes lesionados en Texas y en todo Estados Unidos. Alan obtuvo su licenciatura en la Universidad Rice y su doctorado en Derecho en la Universidad Metodista del Sur.
Centra su práctica en la representación de demandantes en casos de lesiones personales relacionados con los siguientes asuntos: accidentes marítimos y de alta mar, incluidos los contemplados en la Ley Jones; accidentes automovilísticos y de camiones de 18 ruedas; y accidentes laborales, accidentes relacionados con el trabajo y reclamaciones de trabajadores ferroviarios lesionados en virtud de la Ley Federal de Responsabilidad de los Empleadores.
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