The ARE BOAT ACCIDENTS COVERED BY MARITIME LAW?
Boating is a famous activity in and around Houston. With multiple lakes, bays, and reservoirs open to activity, there are numerous opportunities to revel in swimming, fishing, tubing, and different sports, or just to loosen up at the water.
Unfortunately, boating accidents can have tragic outcomes for operators and their passengers, in addition to people inside the close by region. Serious accidents and fatalities may also occur whilst boats malfunction or are improperly operated.
Pursuing reimbursement for losses stemming from a ship coincidence may be tough. This is mainly proper if federal maritime law applies to your claim.
The attorneys at Patrick Daniel Law have vast enjoy dealing with Texas non-public injury cases as well as maritime injury claims. Contact our workplace in Houston today for an unfastened case assessment.
WHEN DOES MARITIME LAW APPLY TO BOATING ACCIDENTS?
Generally, bodies of water within the borders of a nation are situation to the legal guidelines of that kingdom. Therefore, when boat accidents arise in regions such as Lake Houston, Sheldon Lake, and Lake Conroe, Texas private damage law will probably follow.
However, given the close proximity of Houston to the Gulf Coast, we’ve seen boating accidents that fall beneath the purview of maritime regulation. Location is a key consideration in figuring out whether or not maritime regulation applies in a given situation.
The following elements may practice in your declaration:
Texas country waters extend nine nautical miles from the coastline alongside the Gulf of Mexico
Maritime regulation applies to vessels out at sea in addition to the ones in navigable waters
The Code of Federal Regulations defines navigable waters as waters which might be a situation to the ebb and go with the flow of the tide and/or are currently used, or were used inside the beyond, or can be prone to be used to transport interstate or foreign commerce.
The U.S. Army Corps of Engineers Fort Worth District which encompasses a maximum of northern, imperative, and eastern Texas identifies the subsequent as navigable waters:
Sections of the Brazos River
Sections of the Colorado River
Sections of the Trinity River
Sections of the Neches River
Sections of the Sabine River
Sections of the Angelina River
Sections of Big Cypress Bayou
Sections of the Sulphur River
Sections of the Rio Grande
So, if you had been injured in a boating twist of fate that took place extra than 9 nautical miles from the shores of Texas or on navigable waters as described by federal policies, maritime law will likely supersede kingdom private harm regulation for your declare.
WHAT ARE THE DIFFERENCES BETWEEN PERSONAL INJURY CLAIMS AND
MARITIME INJURY CLAIMS INVOLVING BOAT ACCIDENTS?
If you have got been injured or lost a cherished one in a boating accident, it’s far to your quality hobby to talk to an attorney as quickly as feasible. Maritime regulation is made from complicated regulations, and it’s far critical to have informed assistance in navigating these regulations.
Contact a Boat Accident Lawyer Today
Some of the most vital differences among boat coincidence claims protected by means of national regulation and instances where maritime law applies to encompass:
Statute of Limitations: The statute of boundaries is the length of time you have to deliver a claim after a twist of fate. In Texas, boat injuries and other personal damage claims should be filed within two years. Federal maritime law claims, in the meantime, need to be filed within 3 years.
Comparative/Contributory Negligence: Texas is one of all many states that do not bar healing if the injured birthday party is in part responsible for the accident. This is known as the principle of comparative negligence, and it also applies in maritime law instances. Some jurisdictions appoint the principle of contributory negligence, which bars recovery if the plaintiff stocks any degree of obligation; nearby Alabama, for example, makes use of contributory negligence popular.
Damage Caps: In Texas, there is no cap on monetary or noneconomic damages in accident claims. Punitive damages are difficult to a cap of $two hundred,000 or times the number of monetary damages; plus an amount identical to any noneconomic damages observed via the jury, not to exceed $750,000. Maritime law additionally has no cap on financial and noneconomic damages, despite the fact that the courts are divided on the availability of punitive damages more often than not in instances related to injured maritime employees.
Unlike personal damage claims, which can be normally attempted before a jury, maritime law cases are most effectively heard by judges in federal district courtrooms. However, maritime workers who’re injured at sea have the right to demand an ordeal via jury.
WHAT IF I WAS WORKING ON A BOAT AT THE TIME OF THE ACCIDENT?
Boating isn’t only a leisure hobby. Many employees are hired to do a spread of various jobs on boats of every type and size.
Maritime law for workers injured at sea could be very specific to country workers’ compensation laws. Unlike the enormous majority of workers’ comp claims in Texas, seamen can sue their employers for damages associated with an injury or accident on the task.
The Jones Act officially known as the Merchant Marine Act of 1920 gives seamen the proper to document lawsuits for negligence. If you had been injured in a ship coincidence inside the path of your activity, you’ll be entitled to upkeep and treatment a prison term for the compensation maritime workers are owed for scientific and residing costs in addition to extra damages.
KNOW YOUR RIGHTS UNDER MARITIME LAW FOR BOAT ACCIDENTS
Some boating injuries can be blanketed by way of your nation’s non-public damage regulation. In other cases, but, federal maritime law may apply.
Whether you hit the water for pleasure or you work at sea, it is critical to have experienced felony suggest on your aspect in the occasion of an accident. Patrick Daniel Law has the ability, knowledge, and resources that will help you navigate applicable kingdom and federal laws, report a claim with the precise courtroom and pursue the repayment you deserve.