While the Jones Act provides the remedies for the injured crew of a vessel, the general maritime law is the body of law that interprets how the Jones Act gets applied to each case. The importance of this area of the law cannot be overstated and a mastery of it is required to adequately and successfully represent an injured offshore worker. This law is court-made common law as it applies to the maritime context and in maritime cases.
General maritime law also provides additional rights and damages to seamen outside the
Jones Act, and provides a basis for claims by family members of deceased maritime workers. General maritime law further provides compensation for non-seamen injured in a maritime setting or while involved in maritime activities. Basically general maritime law encompasses the common law remedies available for maritime related incidents.
General maritime law interprets how damages can be assessed, what constitutes contributory negligence.
Generally, speaking, the statute of limitations controlling general maritime claims is three years; but, certain circumstances (such as the location of the accident) can shorten your statute of limitations. This is one of the many reasons why it is so important to contact a knowledgeable
admiralty and maritime lawyer about your injuries.
Some noteworthy general maritime law aspects involve claims for
maintenance and cure, unearned wages, and unseaworthiness of a vessel. General maritime law permits strict liability for product liability claims. It also provides causes of action for wrongful death and negligence for non-seamen injured on navigable waterways. General maritime claims include claims of Jones Act seamen and longshoremen against any responsible third party for negligence causing or contributing to injury or death.
If you have been injured while aboard a vessel either as a crewmember, sub-contractor, or passenger involved in maritime activity, contact the experienced
General Maritime Law Attorneys of Schechter, McElwee, Shaffer & Harris, L.L.P. to discuss your claim and learn about your legal rights by email at
info@smslegal.com or by phone at (800) 836-5830.