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Boat Accidents and Injuries Information CenterCall us now or use the form below. Recent NewsPersonal InjuryFrequently Asked Questions about Boat Accidents and InjuriesQ: Who is liable if a crewmember is injured while working? A: A person injured while employed as a maritime worker over navigable waters will be covered by federal law. Under federal law, the employer is generally liable for injuries or the wrongful death of an employee. Q: What are navigable waters? A: "Navigable waters" are all waters, which are capable of transporting people or cargo between the states and other countries. Boating accidents generally occur because of operator inattention, inexperience, excessive speed, careless operation or consumption of alcohol. If you have questions about a boating related accident, contact our firm to schedule a consultation with an experienced maritime law attorney for straightforward solutions that will work for you. Helping People With Boating InjuriesMissouri Maritime Law AttorneysIf you've been injured in a boating accident, consult a lawyer who understands the unique legal standards that apply to personal injury claims that arise from the use of watercraft. Depending on the location and circumstances of your accident, you may be able to claim compensation under motor vehicle accident laws, product liability laws and/or unique maritime laws. Below we provide some general information about some of the laws that apply to boating accidents. To learn how these and other personal injury laws apply to your specific circumstances, contact us at Kolker & Germeroth, L.L.C., in St. Louis, Missouri. Boat Accidents and Injuries - An OverviewAccording to the United States Coast Guard, in the past decade, there has been an increase in registered boats and personal watercraft (PWC) in the United States. In particular, the use of personal watercraft, such as Jet-Skis and other brands, has exploded since the 1990s. Not surprisingly, the United States Coast Guard also reports that each year there has been an increase in boating accidents that have resulted in serious injuries and sometimes death. If you have been injured on a boat, while boating or while engaged in other water sport activities, contact an attorney in your area to learn more about your legal rights. You may be entitled to compensation for your injuries. The Jones ActThe Jones Act is a federal statute that provides a remedy for injured workers. According to this act, 46 U.S.C.A. § 30104, “A seaman injured in the course of employment or, if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer.” An injured crewmember may have a claim against his or her employer (ship owner) for negligence if the vessel is unseaworthy. It is the duty of the ship owner to maintain a vessel that is seaworthy. This includes the vessel, gear and appliances. This duty is absolute and not based on the fault of the ship owner. According to the Jones act, “A defective condition of the vessel which proximately causes the seaman's injury makes the ship unseaworthy as to him.” This does not mean that the entire vessel is unfit or unseaworthy. The crewmembers remedy applies only against the owner of the vessel, gear or appliances. If you are a crewmember that has been injured while employed on a seagoing vessel, contact a maritime law lawyer to discuss your legal rights. Maritime LawMaritime law, often called admiralty law, is a set of legal rules and practices governing the business of employment and transportation of people and goods over or near navigable waters. If you have been injured while employed by a vessel or while you were a social guest on a vessel, it is important to consult an attorney to help you understand what conditions must be met to apply maritime law. Cruise Ship AccidentsAn injury that occurs on a cruise ship is suffered by either a crewmember or a passenger. Crewmembers may have a claim for compensation under the Jones Act, while passengers may have a claim for compensation against the vessel owners for negligence. Whether a ship is considered a “vessel” is to be determined in court. The vessel status affects which law may be applicable and the damages that may be recoverable. Once the vessel determination has been made, jurisdiction must be determined. Federal law may be applicable if your injury occurred on a vessel while on navigable waters and federal law protects cruise ship passengers against injuries caused by negligence. If you have suffered and injury while aboard a cruise ship, call a maritime law attorney to discuss your possible remedies under federal law. Longshore and Harbor Workers' Compensation ActThe Longshore and Harbor Worker’s Compensation Act (33 USCA 18) is a federal statue that protects maritime employees who are accidentally injured or killed during the course of employment. According to the statute, employee refers to an individual, longshoreman or harbor-worker (ship repairman, shipbuilder, shipbreaker) engaged maritime employment. An individual must be performing a ship’s service to be considered an employee or an agent of the employer. The employee must also have a substantial relationship to the vessel, which contributes to the mission or function of the ship. An employee injured or killed over navigable waters is protected under federal workers compensation laws and the employer is liable for compensation of their employees’ injuries, or for paying wrongful death compensation to their loved ones. A vessel owner is also liable for injuries to the crewmember (or loved ones of the crewmember) if they knew or should have known of the dangerous condition that caused injury or death. If you or your loved one was injured while an employee of a seagoing vessel, it is important to contact an attorney knowledgeable in the Longshore and Harbor Workers’ Compensation Act to discuss your possible claim for compensation. Boat Accidents and Injuries Resource Links
US Coast Guard Home Page
US Coast Guard Office of Boating Safety
US Coast Guard Marine Safety, Security and Environmental Protection
US Department of Transportation, Maritime Administration
International Organization of Masters, Mates, and Pilots
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