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You are here: Home / Maritime Lawyer / When Does Maritime Law Apply?

June 19, 2025 By naylorlaw

When Does Maritime Law Apply?

For the thousands of people working or vacationing along the Southern California coast, “When does maritime law apply?” is more than just a theoretical question. When an accident happens, the legal rules that apply can change from California negligence rules to centuries-old admiralty principles. 

This can happen to longshore mechanics at the Port of Long Beach or families preparing to cruise to Catalina. That change affects deadlines, damages, and even the right to a jury trial, so it’s essential to know where the line is.

When Does Maritime Law Apply?

What Is Maritime (Admiralty) Law?

Admiralty law, or maritime law, is the set of laws, international treaties, and federal court decisions that govern navigation and marine trade on “navigable waters.” Its origins trace back to the medieval European Laws of Oleron, but in the United States, it has evolved into its current form from three primary sources. 

Article III of the Constitution gives federal courts the power to hear “all Cases of admiralty and maritime jurisdiction.” This gives Congress the power to make rules that apply to the whole country for shipping. 

Second, essential laws like the Jones Act (46 U.S.C. § 30104), the Death on the High Seas Act, and the Longshore and Harbor Workers’ Compensation Act protect seafarers, dockworkers, and passengers in specific ways. 

Lastly, two hundred years of Supreme Court decisions have given us common-law rules like the economic-loss rule, unseaworthiness, and maintenance and cure. 

These sources all have the same goal: to make maritime trade safe and predictable. This is still an important goal today, since the International Maritime Organization says about 80% of the world’s goods move by sea.

Federal maritime rules sometimes override or “pre-empt” state tort law because admiralty policy prefers uniformity. However, admiralty law doesn’t completely replace state law; it only applies when the facts meet a two-part test of location and connection.

Maritime Law vs. California Common Law

Maritime and common-law negligence both care about people who are hurt, but they are very different when it comes to how they work and what they do about it. 

California law gives a slip-and-fall plaintiff a two-year statute of limitations, the right to punitive damages for terrible behavior, and a guaranteed jury trial. 

A seaman who is hurt on a ship that is moving has three years to file a lawsuit, limited punitive damages for the defendants, and a bench trial in federal court unless the plaintiff chooses otherwise. 

The burden of proof also changes: a Jones Act plaintiff must only show that the employer’s carelessness affected the injury, no matter how small. This is a much easier standard to meet than California’s usual four-element negligence test. 

Because of these differences, picking the wrong forum or deadline could kill a claim.

The Two-Part Admiralty Test: Location and Connection

The “situs-plus-nexus” analysis is used by federal courts to figure out if maritime law applies. First, the tort must happen on or be caused by a ship on navigable waters. 

This includes tidal oceans, bays, and inland waterways used for interstate trade.

The wrong must be connected to traditional maritime activities like navigation, cargo handling, or vessel maintenance.

Location (Situs)

Of course, incidents on the open Pacific qualify. Still, the Admiralty Extension Act of 1948 made admiralty law more expansive by covering injuries on land “caused by a vessel” on navigable water.

 Even if the damage happens on land, such as when a container crane on a ship drops a spreader bar on a wharf worker, admiralty law still applies.

Connection (Nexus)

The second part asks if the activity in question is inherently maritime. Moving freight between a ship and a dock is fine; swimming for fun usually isn’t. 

In each case, courts examine the practical roles of maritime trade and navigational hazards.

 Maritime law will only replace state doctrines when both prongs are in line.

Major U.S. Maritime Statutes and Their Scope

StatuteProtected ClassTypical ForumKey BenefitsLimitations Period
Jones ActSeamen (≥ 30 % of time aboard a vessel in navigation)Federal or state court, jury availableFault-based damages for lost wages, pain, and future earnings3 years
Longshore & Harbor Workers’ Compensation ActStevedores, ship-repair crews, harbor constructionAdministrative agency with federal reviewNo-fault wage and medical benefitsNotice 30 days; claim 1 year
Death on the High Seas ActFamilies of decedents > 3 NM from U.S. shoreFederal district court, no jury unless diversityPecuniary damages only3 years
General Maritime LawSeamen, passengers, cargo interestsFederal admiralty docketMaintenance & cure, unseaworthiness, salvageBorrowed 3-year period

Real-World Contexts Where Maritime Law Applies

Offshore Oil and Wind Platforms

Semi-submersible drilling rigs and wind-turbine installation vessels operating off Santa Barbara are treated as “vessels in navigation” when they can be towed under their power. 

Workers injured by defective equipment often sue under the Jones Act, invoking federal maritime jurisdiction even though they spend weeks stationary.

Cruise-Ship Passenger Claims

Slip-and-falls, foodborne illness, or assault aboard cruise liners departing the Long Beach Cruise Terminal nearly always fall under maritime law. 

Federal courts repeatedly enforce forum-selection clauses printed on passenger tickets, directing lawsuits to admiralty dockets in the Central District of California or the vessel operator’s chosen venue. 

Readers seeking passenger-specific guidance can review the firm’s cruise ship injury attorney page.

Container-Ship Operations at the Port of Long Beach

With more than 8 million TEUs handled annually, the port is a nexus of maritime accidents. If a longshore worker’s injury stems from ship-owned gear—say, a snapped mooring line—maritime law may supplement Longshore Act benefits with an unseaworthiness claim.

Admiralty on Land: The Cargo-Drop Scenario

In Victory Carriers v. Law, the Supreme Court held that injuries caused by the ship’s gear while cargo is still being loaded remain maritime. A trucker struck by a container before it clears the ship’s rails can invoke admiralty even while standing on a concrete pier.

“Are We Under Maritime Law Right Now?”—Boundaries Unique to Long Beach

Inside the Main Channel: 

Navigable water; admiralty applies, and the federal court is the likely venue.

Queen Mary Hotel Ship:

 Moored and permanently connected to shore utilities, most guest injuries follow California premises liability law unless the ship’s navigational gear is involved.

On-Base Dry Docks: 

If the vessel is floating, maritime law persists. Once blocked, state workers’-compensation rules often control.

What a Maritime Personal Injury Lawyer Does

Maritime law is complicated and very different from land-based legal systems, so the importance of hiring a maritime lawyer cannot be overstated. When someone dies or gets poorly hurt on the water, the question of when maritime law applies is just the start.

A maritime personal injury lawyer will:

Determine Jurisdiction and Applicable Law: 

They examine whether state, federal, or international maritime laws apply to your case. This ensures that your claim is filed in the proper court and under the right laws (for example, the Jones Act, LHWCA, DOHSA, or general maritime law).

Investigate Thoroughly

They collect all the critical evidence, like accident reports, vessel logs, and maintenance records, as well as interviewing crew members and passengers. They do this before it is lost or destroyed.

Navigate Complex Procedures:

They know the specific rules, deadlines, and standards of evidence that apply in admiralty law cases, which can differ significantly from those in common law cases. This means knowing how forum selection clauses on many cruise tickets affect things.

Counter Powerful Opponents

Shipping companies, cruise lines, and their insurance companies have a lot of legal resources. An experienced maritime lawyer knows how to build a strong case against these powerful groups because they are used to working with them.

Fight for Full Compensation:

They carefully figure out all of your damages, such as lost wages, medical bills (both current and future), pain and suffering, and other losses. Then they fight hard to get you the most money you can get.

Learn more about how we help injured passengers on our cruise ship injury attorney page.

Determining Seaman Status: The Chandris Test

A worker must (1) help a ship’s mission and (2) strongly connect to a ship or fleet to get protections under the Jones Act. When looking at the whole picture of employment, federal appellate courts are flexible with the 30 percent threshold. 

So, a Long Beach shipyard electrician who sails during sea trials might still be able to qualify if they spend enough time at sea.

Long Beach’s Strategic Role in Admiralty Practice

The Port of Long Beach ranks second in the United States, generating more than $200 billion in annual trade value. 

According to the Port’s 2024 Economic Impact Report, the complex supports roughly 576,000 California jobs. 

That scale breeds opportunity and risk: heavy machinery, dense vessel traffic, and multinational operators create a steady need for maritime attorneys versed in federal law and local union practices.

From the federal courthouse on West First Street—where Central District judges manage a busy admiralty docket—to specialized mediators familiar with Jones Act damages, Long Beach offers a microcosm of American maritime litigation.

When to Consult Counsel—and Why Local Experience Counts

Swift legal guidance is essential if your injury or business dispute touches a vessel, dock, or offshore facility. 

The Law Offices of Charles D. Naylor has represented seamen, longshore workers, and passengers for over four decades, recovering landmark verdicts while shaping Ninth-Circuit precedent. 

The firm’s Jones Act resource page explains crew-member rights in detail, and its 24-hour Cruise Injury Hotline offers immediate triage for travelers.

Because maritime files often require witness interviews on foreign-flag ships, preservation letters to international owners, and coordination with Coast Guard investigators, retaining counsel early protects evidence and clarifies jurisdiction before procedural missteps occur.

Chart Your Course Toward Recovery

Maritime accidents can ruin a career, a dream vacation, or significantly affect a family’s health in just a few seconds. This is true whether they happen on a busy cruise ship, a commercial vessel, or a private yacht. 

When something unexpected happens, the first and most important thing you must do to get things back to normal and protect your future is figure out when maritime law applies. Under maritime law, the right legal strategy isn’t just about getting money; it’s also about getting your life back and ensuring justice is served.

Don’t hesitate to ask if you’re unsure whether admiralty law or state law applies to your claim, or if you just want a professional opinion on what to do next. 

You need specialized knowledge to understand maritime law with your injury or to navigate unique laws like the Jones Act. The Law Offices of Charles D. Naylor have been working on maritime personal injury cases for decades.

We are ready to give you the straightforward advice you need. You can get a free and private case review through our secure portal.

Let the Law Offices of Charles D. Naylor handle the legal side of your maritime claim so you can focus on getting better and back on the water with the peace of mind you deserve.

Maritime Law: Frequently Asked Questions

1. What is the difference between “maritime law” and “admiralty law”? 

While historically distinct, these terms are now largely used interchangeably in the U.S. Both refer to the specialized body of law governing activities, commerce, and incidents on navigable waters.

2. Does maritime law only apply on the ocean? 

No. While it certainly applies on oceans and seas, maritime law also extends to navigable rivers, lakes, and other waterways that are used for interstate or international commerce.

3. What is the Jones Act and who does it protect? 

The Jones Act is a specific federal maritime law that allows “seamen” (maritime workers who contribute to a vessel’s mission on navigable waters) to sue their employers for negligence if they are injured in the course of their employment.

4. Are personal injury claims on cruise ships covered by maritime law? 

Yes, generally. Injuries sustained by passengers on cruise ships fall under maritime law. However, passenger tickets often contain specific clauses that dictate where and when a lawsuit must be filed.

5. Why do I need a specialized maritime attorney for an injury on the water? 

Maritime law is complex and differs significantly from land-based laws. A specialized maritime attorney understands unique statutes, strict deadlines, and specific procedures, ensuring your claim is handled correctly and your rights are protected.

Filed Under: Cruise Ship Injury, Law Offices of Charles D. Naylor, Maritime Lawyer

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