General Maritime Claims

Maritime Law
Maritime Injuries

General maritime law refers to the common law causes of action or claims that have developed through the years. General maritime law provides additional rights and damages to seamen outside the Jones Act as well as claims for family members of deceased maritime workers. But general maritime law also provides remedies to 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. (See our article on Definition of Seaman and Seaman Status Test.)

The statute of limitations controlling general maritime claims is three years from the date of the event that gave rise to the cause of action. There are certain instances that will result in a shortened statute of limitations, so it is important to contact a knowledgeable maritime attorney as early in the claims process as possible. There are also instances that can extend the time for filing a claim but you should not delay in hiring a lawyer or you could lose your right to collect any further benefits.

In this article we are going to use the word “seaman” but our use of the word includes all workers who fit within the expanded interpretation of the word “seaman.” We will also use the word “vessel” which also refers to offshore oil rigs, barges and other conveyances and locations.

For seamen, the most important general maritime provisions are claims for maintenance and cure, unseaworthiness, and common law negligence against a third party. General maritime law recognizes a strict liability standard in regard to product liability claims and also provides causes of action for wrongful death and negligence that are available to non-seamen injured on navigable waterways. In 2001, the Supreme Court held that maritime law does recognize an independent cause of action for the death of non-seamen in the territorial waters of a state, in addition to state law remedies. Norfolk Shipbuilding & Drydock Corp. v. Garris, 532 U.S. 811 (2001).

As a general rule, punitive damages and attorney’s fees are not recoverable under general maritime law causes of action as to cases involving seamen as against their employer. However, there are certain circumstances in which the courts have allowed recovery of punitive damages and non-pecuniary loss against non-employer defendants. A 2004 decision held that a Jones Act seaman who brings a claim against a non-employer, third-party defendant, in which the claim falls completely within general maritime law and not under the Jones Act or any other federal statute, may assert a claim for punitive damages. Stogner v. Central Boat Rentals, Inc., 326 F.Supp.2d 754 (E.D. La. 2004).

General maritime claims include claims of Jones Act seamen and longshoremen against any responsible third party non-employers for negligence causing or contributing to injury or death. These claims also include claims of passengers and non-seamen for negligence resulting in damages while involved in traditionally maritime activities.

If you are injured in a maritime setting you should call a lawyer immediately to help you determine whether your claim is a general maritime claim, a Jones Act Claim, an Admiralty Claim, a Longshore Harborworker Claim or a Workers Compensation Claim. Call the lawyers and attorneys at the Ogletree Abbott Law Firm at 1-800-JonesAct even if it’s just to ask a question. We talk to maritime workers every day and understand something about your job and your circumstances. There are no dumb questions. The only thing dumb is not asking questions. Call us today so that we can help you avoid mistakes on your general maritime claims that can cost you money that you and your family are going to need down the line.