Does Maritime Law Apply to Accidents on Rivers and Lakes?

When most people think of maritime law, they usually imagine accidents that occur offshore or in open blue water involving vessels such as barges, cargo ships, and oil platforms. But what about the waters that surround our shores—such as lakes and rivers? Many people are surprised to learn that maritime law may still apply to injuries that happen on these inshore waterways.

Individuals such as riverboat pilots, fishing guides, ferry operators, and others who work on lakes, rivers, and inland navigable waters may still be entitled to protections and compensation under maritime law, depending on the nature of their work and where the accident occurred. Our New Orleans personal injury lawyer team is experienced in evaluating these complex cases and determining whether federal maritime laws, such as the Jones Act or general maritime claims, apply.

If you were injured while working on or near a navigable waterway, our team can help you understand your legal options and pursue the full compensation you may be entitled to under the law.

This determination could be extremely important as it will determine whether claims under the Jones Act and other maritime remedies are available.

This question primarily hinges on the characteristics of the body of water where the incident occurred. If the event occurred on “navigable waters” then it will be within admiralty jurisdiction and maritime law and remedies will become available to the injured individual. A waterway is considered navigable for maritime purposes if it presently supports interstate commercial activity or if, in its present condition, it is capable of supporting interstate commercial activity.

However, the legal definition of navigability differs when analyzing a lake and a river.

Lakes

The biggest consideration when determining whether maritime law applies to a lake is whether the lake is capable of supporting interstate commerce across state lines or foreign trade to another country. This means that if the event occurred on a lake that either crosses over the border of another state or into a country then maritime law will apply.

Rivers

Rivers also will fall under maritime law if they flow into another state or country. However, unlike lakes, this is not the only characteristic that will determine if maritime law applies. If a river flows into or is connected to a separate body of water that crosses one of these borders, then the river will also be considered navigable even if the path of the river itself does not cross into another state or country.

Figuring out where these borders exist or whether the body of water can support trade across these lines in its present conditions involves complex issues. It is crucial to contact an experienced maritime lawyer to help navigate these questions. Contact one of our maritime attorneys at Scott Vicknair at 504-500-1111 for a free consultation on your maritime injury claim today.