Legal Definitions - general maritime law

General maritime law refers to the body of legal principles and rules that have been developed over time by federal courts in the United States, specifically for cases involving activities on navigable waters. Unlike laws passed by Congress (statutory law), general maritime law is a form of "federal common law," meaning it originates from judges' decisions in specific cases rather than from legislative acts.

Federal courts play a significant role in shaping and applying these principles, especially in areas where Congress has not enacted specific statutes. This allows the law to adapt to new situations and technologies within the unique environment of maritime commerce and activity.

Here are some examples illustrating how general maritime law applies:

• Injury on a Commercial Vessel: Imagine a deckhand working on a commercial fishing boat who slips on an oily deck and suffers a serious injury. While there might be some general safety regulations, the specific duties owed by the vessel owner to provide a safe working environment, the standards for proving negligence, and the types of damages recoverable in such a case are often determined by principles established in prior federal court decisions concerning maritime injuries. The court would apply these judge-made rules to decide if the vessel owner is liable and what compensation the deckhand should receive.

• Collision Between Vessels: Consider a scenario where a large container ship and a smaller tugboat collide in a busy harbor channel, causing damage to both vessels and a minor oil spill. While international and federal statutes provide some "rules of the road" for navigation, the intricate process of determining comparative fault between the vessels, assessing the full scope of damages for property loss and environmental impact, and establishing the legal principles for shared responsibility in such a complex collision are frequently resolved by federal courts applying established precedents from previous maritime collision cases. These judge-made rules help fill the gaps where statutes might not cover every specific detail of such an incident.

• Salvage Operations: Suppose a recreational sailboat loses power far offshore and is adrift. Another passing vessel successfully tows the disabled sailboat to safety. The rescuer might then claim a "salvage award" for their efforts. While the concept of salvage is ancient, the specific criteria for determining if an act qualifies as salvage, how to calculate a fair and reasonable award based on factors like risk, effort, and value of the property saved, are largely derived from centuries of judicial precedent established by federal courts, rather than detailed statutes outlining every possible scenario.