Injured in a Maritime Accident in PA? Your Legal Rights Explained

Pennsylvania’s waterways are vital for both commerce and recreation. From the Delaware River to the Allegheny, these waters see a lot of traffic. Unfortunately, this also means accidents happen. If you’ve been injured in a maritime accident in Pennsylvania, understanding your legal rights is crucial. Maritime law is complex, but this guide will help you navigate the basics.

What is Maritime Law?

Maritime law, also known as admiralty law, is a body of law that governs activities and incidents on navigable waters. This includes rivers, lakes, and coastal areas that are used for commerce or transportation.[2, 16] Because these waterways are essential to trade and recreation, maritime law exists to ensure safety and provide recourse for those injured due to negligence or other wrongful acts.

Common Maritime Accidents in Pennsylvania

Maritime accidents can take many forms. Here are some of the most common types:

Boating Accidents: Collisions, capsizing, and ejections from vessels are frequent causes of injuries on Pennsylvania’s recreational waterways. [13, 14]
Commercial Vessel Accidents: Workers on barges, tugboats, and other commercial vessels face risks such as falls, equipment malfunctions, and collisions. [10, 21]
Longshore and Harbor Worker Accidents: Longshoremen and harbor workers are exposed to hazards related to loading, unloading, and maintaining ships, often leading to injuries. [5]
Cruise Ship Accidents: Although less common in Pennsylvania, accidents on cruise ships can occur, leading to passenger injuries. [12]
Scuba Diving and Jet Ski Accidents: Recreational activities can also result in accidents and injuries that fall under maritime law. [12]

In 2023, Pennsylvania reported 48 recreational boating incidents, resulting in 41 injuries requiring medical treatment and $208,599 in property damage. [13] Collisions with vessels and capsizing were the most common types of incidents. [13]

What are Your Rights if Injured?

If you’ve been injured in a maritime accident in Pennsylvania, you have several legal rights that may entitle you to compensation. These rights depend on your employment status and the circumstances of the accident.

The Jones Act: This federal law protects seamen (those who work on vessels) injured due to the negligence of their employer, the vessel owner, captain, or fellow crew members. [4, 10] Under the Jones Act, injured seamen can seek compensation for medical expenses, lost wages, and pain and suffering. [6, 16]
The Longshore and Harbor Workers’ Compensation Act (LHWCA): This act provides compensation to longshoremen, harbor workers, and shipbuilders injured on the job. [4, 5] It covers medical benefits, lost wages, and disability payments. [5]
General Maritime Law: This body of law covers various maritime injuries, including those sustained by passengers on vessels. [10] It allows injured parties to sue for negligence, unseaworthiness of a vessel, and other causes of action. [3]

Who Can Be Held Liable?

Determining liability is a critical step in pursuing a maritime injury claim. Several parties may be responsible, including:

Boat Operators: Negligence, inexperience, or operating a vessel under the influence can lead to operator liability. [8, 14, 20]
Boat Owners: Failure to maintain a vessel or allowing an unfit operator to use it can result in owner liability. [8, 14]
Vessel Manufacturers: Defective design or manufacturing of a vessel or its parts can lead to manufacturer liability. [8, 14]
Passengers: Reckless actions by a passenger that contribute to an accident can result in passenger liability. [8]
Employers: Negligence of the employer can lead to liability under the Jones Act. [10]

The Pennsylvania Rule

The Pennsylvania Rule is a significant principle in maritime law. It states that if a vessel violates a safety regulation at the time of an accident, that violation is presumed to be a contributing factor to the accident. [8, 9, 18] The burden then shifts to the violating vessel to prove that its violation could not have caused or contributed to the accident. [18] This rule emphasizes the importance of adhering to maritime laws and regulations.

What Compensation Can You Recover?

If you have a valid maritime injury claim, you may be entitled to various types of compensation, including:

Medical Expenses: Coverage for all accident-related medical costs, including exams, treatments, surgeries, and physical therapy. [7, 20]
Lost Wages: Compensation for lost income due to your inability to work. [7, 20]
Pain and Suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life. [7, 16, 20]
Property Damage: Reimbursement for damage to personal property, including the vessel itself. [8, 20]
Funeral Costs: In cases of wrongful death, compensation for funeral and burial expenses. [7, 17]

Statute of Limitations

It’s essential to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In Pennsylvania, the statute of limitations for personal injury claims is generally two years from the date of the injury. [19, 22, 23, 24, 25] However, there are exceptions, such as the “discovery rule,” which may extend the deadline if the injury was not immediately apparent. [19, 22, 24, 25] For claims against government entities, you may have a shorter timeframe to file a notice of intent to sue. [24]

Why You Need a Maritime Lawyer

Maritime law is complex and requires specialized knowledge. A maritime lawyer can help you:

Understand Your Rights: An attorney can explain your legal rights and options based on the specific circumstances of your accident. [6, 20]
Investigate the Accident: A lawyer can investigate the accident to determine the cause and identify all liable parties. [16]
Gather Evidence: An attorney can gather and preserve evidence to support your claim. [16, 23]
Negotiate with Insurance Companies: A lawyer can negotiate with insurance companies to reach a fair settlement. [20]
File a Lawsuit: If a settlement cannot be reached, a lawyer can file a lawsuit and represent you in court. [15]

Seeking Legal Assistance

If you or a loved one has been injured in a maritime accident in Pennsylvania, it’s crucial to seek legal assistance as soon as possible. Contact an experienced maritime injury lawyer to discuss your case and protect your rights. Many firms offer free consultations to evaluate your claim. [5, 6, 7, 11]

Disclaimer: This blog post provides general information and should not be considered legal advice. You should consult with a qualified attorney for advice regarding your specific situation.