If you have an accident out on the water, understanding the legal distinctions that apply and whether common law or maritime law governs the incident can significantly affect the handling of the case.
What is common law?
Common law is a legal system based on judicial decisions and precedents rather than statutes. It generally applies to accidents on land but can extend to specific water-related incidents.
For example, if a boating accident occurs on a smaller, non-navigable body of water like a small lake or pond in Tennessee, common law may govern any disputes or claims arising from the accident. This means that local state laws and past court decisions will play a significant role in determining outcomes.
What is maritime law?
Maritime law, also known as admiralty law, specifically governs events on navigable waters. This definition includes larger bodies of water that support interstate or international commerce, such as the Mississippi River.
If a boating accident happens on such waters, maritime law typically applies. This body of law is federal and differs from state laws because it addresses matters like navigation rules, marine insurance, and the carriage of goods on the sea.
Liability and damages
Under both common law and maritime law, the person found liable for the accident may have to pay damages, which can include medical expenses, lost wages, and other costs.
However, maritime law also includes provisions for “maintenance and cure,” obliging a boat owner to cover medical care and living expenses for injured crew members until they recover. Additionally, the limitation of liability act in Maritime law can limit the amount of money one can recover from a boat owner.
Understanding these differences is vital for anyone involved in boating in Tennessee, as it impacts how you would seek redress or defend against a claim in the event of an accident. Always ensure safety first by following boating regulations and being aware of the conditions on your specific waterway.
