Houston Maritime Attorney 2022

WHAT EXACTLY IS THE MARITIME LAW?


Marine law, commonly called admiralty law, is a system of legislation that apply to maritime employees, employers, and bodies functioning on the high seas. In general, the regulations control all incidents and accidents that take place on the high seas, including those that take place on oil platforms, dredges, cargo ships, and other types of ships. The term “high seas” refers to any body of water that is located outside of the territorial waters of a nation or state. Maritime law also applies to territorial water, which is defined as any body of water that is within 12 nautical miles of the coast.

Due to the fact that maritime law is one of the oldest sets of laws in the country, it has been subject to consistent development throughout the years. Maritime law was originally only applicable to accidents and events that took place on the high seas; however, it is now applicable to all “navigable waterways” in the United States. Historically, maritime law only applied to accidents and events that took place on the high seas. The legal definition of navigable waters can be murky at times, and the majority of the law that we use today is based on prior instances that attempted to provide a better definition. Despite this, the law continues to evolve.

As of right now, the definition of navigable water is water that is capable of acting as a “continuous roadway along which commerce is or may be carried on with other states or foreign countries.” Consequently, maritime law applies to a body of water if it facilitates trade or commerce with another state or a country that is not the United States. Even if they do not immediately link to another state or country, individual bodies of water that are considered to be a component of larger “navigable waters” will be subject to the regulations of maritime law.

Because of this, a body of water that is ‘land-locked,’ which means that it is enclosed by a bigger piece of land, will be subject to the laws of the state rather than the federal maritime law.

IMPORTANT ACTS OF MARINE LAW ENACTED IN THE CITY OF HOUSTON, TEXAS

Instances involving injuries sustained at sea as well as cases involving damage to property are resolved by applying general maritime law principles and a collection of acts that have been compiled over a period of many years. These statutes detail the legal principles that regulate the entitlement to compensation and medical expenses following an injury that occurred overseas, as well as the jurisdiction that applies to claims.


WHERE IN HOUSTON, TEXAS DO CASES RELATING TO THE MARINE INDUSTRY GET HEARD?

In accordance with the provisions of Article III Section 2 of the United States Constitution, the maritime law of the state of Texas is wholly derived from federal law. As a result of this, the claims involving bodily injury and damage to property on navigable water are exclusively within the purview of the federal courts. The only area in which state courts are allowed to exercise their own discretion is in the process of awarding victims compensation for their losses.

Injured workers and seamen in Houston have the legal right to seek maritime claims in either the state or federal courts, despite the fact that federal law regulates all injuries that occur on the high seas. Both injured maritime employees and oil rig workers have the ability to bring a federal law lawsuit to a state court in Texas under the Jones Act. Workers on oil rigs also have the ability to bring a federal law case to a state court.

The intersection of state and federal maritime law can be murky, and it is not uncommon for workers in Texas to be uncertain about their ability to pursue a claim before a state court in that state. You can consult with one of the offshore accident attorneys at our legal office about your personal injury case, and they can also assist you in bringing your case before a state or federal court.

What are some common Maritime injury cases in Houston, Texas

Every day, a great number of people who work offshore put their lives at danger by coming to work. Because of the nature of many professions in the marine industry, employees are at risk of suffering catastrophic injuries on the job as a result of work hazard settings such as heavy falling items, gas explosions and fires, defective machinery, and many other potential dangers. Workers who are injured on the job are protected by rules in maritime law and admiralty law that allow them to get compensation for their injuries and guarantee that their medical costs will be paid.

Here is a short list of the types of Houston maritime injury cases he has handled in both Texas and elsewhere:

  • Jack-up rig accidents
  • Deck accidents
  • Tugboat accidents
  • Oil platform accidents
  • Barge accidents
  • Commercial fishing accidents
  • Cargo ship accidents
  • Shipyard accidents

If you have been involved in any kind of accident that occurred offshore, including the accidents that are described here, it is essential that you consult with an expert offshore accident lawyer as soon as possible.


Accidents that occur on oil platforms


Work situations on oil platforms are known for being exceptionally challenging and hazardous. Many marine employees sustain injuries each year as a result of fires, explosions, collisions, accidents involving slipping and falling, unsuitable work equipment, and other factors. For instance, between the years 2001 and 2009, explosions and fires on offshore rigs in the gulf coast area of Mexico were responsible for almost 1,500 injuries sustained by marine employees and 60 fatalities. These injuries and fatalities were entirely preventable.

In accordance with the Jones Act and in general, if you are a marine worker who is employed on an oil platform, you may be eligible to have your employer pay for all of your medical expenditures and other associated charges. If you or a loved one have been injured or killed while working offshore as a result of the negligence of an employer, you should seek the assistance of an experienced maritime offshore accident lawyer who can assist you in filing a claim for compensation. This legal professional will be able to guide you through the process.


DECK ACCIDENTS


Because there are so many potential dangers present aboard ships, in shipyards, and on oil rigs, deck accidents happen all too frequently. As a result of the deck of a vessel being wet and being exposed to the sun, accidents that include slipping and falling are a frequent occurrence. However, we have assisted customers who have had a wide variety of deck accidents, including those that were caused by the following:

Objects in flight or hanging at a low height.
Severe or extremely dangerous weather.
Things that are falling.
Human mistake.
equipment that is faulty or about to fail.
Accidents on deck can frequently cause maritime employees to have significant injuries, including broken bones, sprains, head injuries, brain damage, and a variety of other types of ailments. A maritime attorney can assist you in ensuring that you are fairly compensated for any injuries you have sustained while working in the maritime industry, regardless of whether those injuries were the result of the negligence of your maritime employers, the negligence of the vessel owner, or an accident.


JACK-UP RIG ACCIDENTS

Jack-up rigs are a prominent type of oil rig that are utilised as mobile offshore drilling units in addition to their role as turbine installation boats (MODU). These are the sorts of rigs that are relatively movable and need to be put up in a secure manner utilising legs that are anchored to the bottom of the ocean. It is imperative that employers who are in charge of managing jack-up rigs take the necessary precautions to guarantee that the rigs are set up correctly and are completely stable.

Explosions and collapses are by far the most prevalent factors that lead to mishaps with jack-up rigs. Working on oil rigs is inherently risky, and there are a great number of incidents that take place every year. On the other hand, in many instances, incidents involving jack-up rigs may be avoided by employing the appropriate safety precautions and making certain that the rigs are assembled in the appropriate manner.

If you or a member of your family has been the victim of a maritime accident involving a jack-up rig and has suffered a personal injury as a consequence, you should get in touch with one of the maritime attorneys at our law office so that they can assist you in submitting a claim for compensation.


ACCIDENTS On Board Cruise Ships


Cruise ship accident claims may be rather complex. It is very uncommon for the owners of cruise ships to include language in their contracts that restrict the amount of responsibility you are held responsible for and the period of time you have to file a claim against them. However, mishaps aboard cruise ships are not uncommon, and a few of our customers have been hurt as a result of slipping and falling, being physically attacked, being hurt in a salon, or being hurt while participating in an excursion.

In the unfortunate event that you or a member of your family sustains injuries while sailing on a cruise ship, you should contact an expert maritime attorney as soon as possible in order to discuss your legal options. In situations like these, establishing culpability can frequently be challenging since the cruise ship may be affiliated with a number of different touring businesses or may attempt to absolve itself of obligation. If you or a loved one has been injured in a cruise ship disaster, it is in your best interest to engage with a maritime attorney who has expertise with cases involving cruise ship mishaps.

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