Maritime Law

A unique body of law requiring unique legal knowledge

Maritime law, also known as admiralty law, is an area of legal practice applicable to disputes and incidents occurring on navigable waters.  Maritime law governs—

• Ships and shipping
• Business and commerce transacted at sea
• Duties, rights, and liabilities of ship owners, ship masters,
  and other maritime workers
• Salvage
• Maritime liens, forfeitures, and penalties
• Towage
• Marinas
• Maritime contracts
• Maritime injury

While maritime law is subject to international treaties and United Nations conventions, ratified by some countries (but not the United States), each county has its own maritime laws. The flag flown by the ship determines the law on board.  For instance, a ship flying the U.S. flag in the Mediterranean Sea is subject to U.S. maritime law.

The U.S. Constitution gives the federal courts jurisdiction for most maritime cases.  However, federal law gives litigants the choice to file suit in state courts under some circumstances.  But when a state court conducts a trial involving a maritime issue, the judge must apply maritime law even if it conflicts with state law.

For example, state law known as the statute of limitations governs the time you have to file a lawsuit for damage to goods shipped on land.  But without regard to the state statute of limitations, you have only one year to file a lawsuit for cargo damaged or lost at sea under maritime law.

Contact us for a free consultation

If you have a dispute or legal issue subject to maritime law, you need a maritime law attorney.  For a free consultation, call us toll free at 1-888-341-9952 or contact us online.  Peter S. Herrick, P.A. has locations in the ports of Miami and Long Beach.  As a federal law practice, we represent clients in virtually every U.S. port.