Admiralty and maritime law is a body of law (both procedural and substantive) that governs navigation, shipping and commerce. The substance of maritime law considers the dangerous conditions and unique conflicts involved in navigation and water commerce, and deals with the eventualities of the loss or damage of a ship (e.g., through collision) or cargo, with insurance and liability relating to those eventualities, and with collision compensation and salvage rights.
Maritime law also involves the liability of vessel operators and marine employers for their employees’ work-related injuries, and in many instances is governed by the Jones Act of 1920 (46 U.S.C.A. § 688 et seq.). With the Missouri River, a navigable waterway subject to the Jones Act, located between our offices in Omaha, Nebraska and Council Bluffs, Iowa, attorneys at Locher Pavelka Dostal Braddy and Hammes, LLC have extensive experience in litigating all phases of the Act.
Accidents suffered by non-maritime persons on docks, piers, wharfs, or bridges generally will not qualify for the application of maritime law principles. However, personal injuries suffered while individuals were aboard a ship or as a result of an air-to-water airplane crash may be considered within the jurisdiction of admiralty law.
Accordingly, admiralty and maritime matters will always deserve careful evaluation and legal representation crafted to suit the complexity and urgency of maritime situations. The nature of commerce and shipping on navigable waterways, and the attendant perils, demand no less, as the various federal, state, and local control of navigable waters can affect everyone from the largest charter party to a private boat owner.
Should you have a situation requiring legal counsel involving an admiralty and maritime law matter, please consider contacting an attorney at Locher Pavelka Dostal Braddy & Hammes, LLC.