Blog
Admiralty Jurisdiction for Maritime Injuries and Damages on Land
Posted in General, Maritime Piracy
The purpose of the Admiralty Extension Act, or AEA, is to extend coverages for maritime injuries and damages on land. Prior to the passing of the AEA, maritime admiralty law limited liability and prevented claims for personal injuries and property damages that occurred on land.
How Does the AEA Apply on Land?
The key defining factor used to determine whether a claim for injuries or damages is covered by the AEA is whether they were caused by a vessel or a part of the vessel while it was on navigable waters. Navigable waters can include lakes, rivers, channels, ports, and other such bodies of water aside from oceans. Furthermore, the AEA provides protections for maritime workers responsible for loading, moving, or storing cargo to or from a vessel.
To illustrate, a dredging vessel is digging out part of a channel to make it deeper to accommodate larger ships. A dockworker on a pier is struck by the crane while it is being operated and is now seriously injured. The dockworker would be able to file a claim under the AEA.
The AEA does have limitations on how far inland protections extend. For instance, a huge cargo shipping operation could extend inland for several miles. If cargo was being moved from a location further inland to a different location in the cargo shipping yard, then the AEA may or may not apply.
What if the AEA Does Not Apply?
If it is determined that the AEA is not applicable for your particular accident, it does not mean you do not have grounds for filing a claim for injuries or damages. There are other maritime laws and acts which may better fit with your particular situation. The Longshore and Harbor Worker’s Compensation Act could apply if you were injured on land. The Jones Act may also apply if you were in service of the vessel at the time of the accident and were on land near the vessel.
For assistance in filing your maritime injury or damage claim, please feel free to contact Maintenance and Cure, part Schechter, Shaffer, & Harris, L.L.P., at 1-800-836-5830 to speak with one of our maritime lawyers today!
