"maritime Law Attorneys And The Legal Implications Of Offshore Drilling In The Oil Boom"

 "maritime Law Attorneys And The Legal Implications Of Offshore Drilling In The Oil Boom" - Maritime law is the general term for the legal code that governs the oceans and seas. Also known as admiralty law, maritime law governs a number of issues involving ships, offshore platforms, and more.

Whether you are a passenger on a ship or a worker on a ship, it is in your best interest to hire a maritime law attorney if you are injured at sea. You may have several options for legal recourse.

"maritime Law Attorneys And The Legal Implications Of Offshore Drilling In The Oil Boom"

At Patrick Daniel Law, our attorneys have extensive experience helping seafarers and passengers navigate their rights under maritime law. please Contact our law firm in Houston today for a free case review.

New Maritime Worker? Do You Know What Admiralty Law Is?

Maritime law covers what are known as "navigable waters". This includes bodies of open water - such as the Atlantic Ocean, the Gulf of Mexico, etc. foreign commerce" (according to Title 33 of the Federal Code of Regulations, Navigation and Navigable Waters). In the latter case, certain lakes, rivers and other bodies of water may also be subject to Maritime Law.

Thus, a boating accident may fall under the jurisdiction of Texas state law AND/OR federal maritime law depending on the body of water in which the accident takes place and the applicable state and federal laws.

Maritime law may apply in cases of personal injury and work injury that occur on certain waters. Injuries and accidents on a wide range of vessels can be subject to maritime law, including:

In addition to these and other vessels, offshore platforms, jackup rigs, and other marine structures are also subject to Maritime Law. In addition, shore-based workers (such as those hired to work in ports, docks, shipyards, etc.) can also resort to maritime law if they are injured on the job.

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Whether you were stranded on the water for a day or you were on a cruise that lasted weeks or even months, you have rights if you suffer damage as a passenger on a ship. Maritime law may apply in cases such as:

Passengers may also have a maritime law case if they are injured in the course of boarding or disembarking from a ship, as well as during shore excursions. If any of these scenarios apply to you, it is important to contact a maritime law attorney as soon as possible.

Most workers can file a workers' compensation claim if they are injured on the job. However, similar claims by maritime workers are subject to different rules.

Under the Jones Act (a section of the US Merchant Marine Act originally enacted in 1920), employers are required to exercise reasonable care in the safety and maintenance of the vessel (a condition known as "seaworthiness"). If an employer is negligent in this duty, skilled workers (broadly known as seamen) can sue to recover damages.

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A seaman is, according to Title 46 of the US Code regarding Merchant Seamen Protection and Relief, "an individual (other than scientific personnel, a sailing school instructor, or a sailing school student) engaged or employed in any capacity on board a vessel." Therefore, most employees who work at sea and on other navigable waters are covered by the Jones Act.

Specifically, the Jones Act makes provision for the "maintenance and cure" of injured maritime workers. At a minimum, negligent employers are required to pay the living expenses (maintenance) and medical expenses (cure) incurred by an injured seaman. However, additional compensation may be recoverable in a maritime injury lawsuit for damages such as loss of earning capacity, pain and suffering, and more.

Workers who do not qualify as seafarers may seek compensation for their injuries under the Longshore and Harbor Workers Compensation Act. This act covers disability and death resulting "from an injury occurring on the navigable waters of the United States (including any adjacent pier, wharf, dry dock, terminal, construction road, marine railway, or other adjacent area customarily used by an employer in loading , unloading, repairing, dismantling or building a ship).

Under the act, injured longshore and port workers can be compensated for any medical expenses. In case of disability, they can also be entitled to two thirds of their weekly salary. Surviving family members of a longshore or port worker killed on the job may be entitled to a death benefit that includes reasonable funeral expenses (up to $​​​​​​3, 000) and a percentage of the deceased worker's wages.

Maritime Lawyer: Everything You Need To Know

Maritime law is complex, involving various rules, statutes and agreements between the United States and other countries. Some maritime cases may be tried in a state court, while others may fall under the jurisdiction of a federal court.

Given these complexities, it is important to hire a maritime law attorney who can help you navigate your injury or accident case. Patrick Daniel Law has extensive experience handling maritime injury cases on behalf of clients in Texas, Louisiana, and other areas of the country.

Please call (713) 999-6666 today for a free case evaluation. Our maritime law attorneys are based in Houston and serve clients nationwide. A maritime lawyer, also known as an admiralty lawyer, handles legal issues arising from United States maritime law. Maritime lawyers operate differently than other terrestrial-based lawyers. This uniqueness arises from the peculiar nature of maritime disputes. Ships, cargo and people move on ships from one place to another - often in and out of jurisdictions across the country. Maritime law has evolved over the centuries to address the needs of ship owners, crew members, cargo owners, port operators and other entities operating on the water.

Maritime law is a large body of statutes, procedures, common law principles and rules for maritime disputes. There are many sources of maritime law, such as the US Constitution, centuries-old common law, federal statutes, international conventions, and sometimes even state law. A key component of maritime law is the concept of "uniformity", sometimes called "uniformity in admiralty". Congress and the many courts of the country encourage the application of maritime law to be uniform throughout the nation.

Houston Maritime Lawyers

Maritime lawyers are specialists, which means they have unique experience and training in maritime law. Many maritime lawyers will only handle maritime matters. Because maritime law is supposed to be uniform in both state and federal courts, maritime lawyers tend to handle cases in wide geographic areas. Sometimes, maritime lawyers even together with generalist lawyers who have a maritime component in a pending case.

While maritime law itself is a legal specialty, maritime lawyers are still developing niches in the field. Some examples of matters handled by maritime lawyers include:

The statistics are clear: working, commuting and recuperating on the water can be dangerous. The Coast Guard reports that in 2020 alone, there were 3,191 injuries and 767 deaths resulting from 5,265 recreational boating accidents. And despite increased safety standards for professional mariners, on-the-job injuries remain among the most common in the country. For example, the Centers for Disease Control and Prevention released data showing an average of 117 deaths per 100,000 commercial fishermen versus an average of four deaths per 100,000 workers among all other US occupations. The takeaway? The marine transportation industry produces many injuries. Typical issues maritime personal injury lawyers handle include:

Injury compensation under maritime law differs between professional mariners and passenger/pleasure boaters. Crewmember injury cases may include:

What Is A Constitutional Lawyer, And Why Are They Needed?

Injured ship passengers have no claims under the Jones Act, unseaworthiness, or maintenance and cure. Instead, they have a claim under general maritime law for negligence. Negligence under maritime law is similar to negligence under most state laws. The elements are duty, breach, causation and damage. Ship owners owe a duty of reasonable care under the circumstances to their passengers. If they breach this duty and passengers suffer injuries, an insurance company or a court may find the ship owner liable.

Maritime law covers individuals injured aboard vessels on most commercial waterways, while state law covers most injuries sustained on board. But what about amphibious workers servicing ships at the dock and loading/unloading cargo? Are they salty or not? To bridge the gap between maritime and non-maritime workers, Congress passed the Longshore and Harbor Workers Compensation Act (LHWCA), administered by the US Department of Labor, which covers most amphibious workers. Like employees under most state workers' compensation regimes, longshoremen cannot sue their employers for injuries on the job. However, LHWCA workers may have the right to sue negligent third parties, including the owner of the vessel under LHWCA section 905(b). In narrow circumstances, section 905(b) may also allow a limited claim against an employer as a vessel owner. This is a complex area of ​​law.

It is often said in the marine transport sector that 90 percent of everything moves by ship. Simply put: That's a lot of stuff on ships. And a lot of stuff on ships means a lot of property damage claims when things go wrong. Cargo can fall from a height or go overboard; someone can handle it at the wrong temperature or set it on fire. The result is a claim for compensation by the cargo owner against a vessel

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