Legal Definitions - maritime tort

A maritime tort is a civil wrong or injury that occurs on navigable waters or is directly related to maritime commerce and navigation. Like other torts, it involves a breach of duty owed by one party to another, resulting in harm or damage. However, because of its connection to the sea, maritime torts are governed by a specialized body of law known as admiralty law or maritime law. This distinct legal framework addresses incidents such as collisions between vessels, injuries to passengers or crew, damage to cargo, or pollution caused by ships.

• Example 1: Passenger Injury on a Cruise Ship

  Imagine a passenger on a cruise ship who slips and falls on a wet deck near the pool area. The crew had recently hosed down the deck but failed to put up "wet floor" signs or adequately dry the area. The passenger suffers a broken arm.

  This is a maritime tort because the incident occurred on a vessel on navigable waters. The cruise line, through its crew, had a duty to maintain a safe environment for its passengers. Their failure to warn of the wet surface or dry it properly constitutes negligence, a type of tort, leading to the passenger's injury.

• Example 2: Collision Between Recreational Boats

  Consider two recreational sailboats navigating a busy harbor. One sailboat operator, distracted by their phone, fails to yield the right-of-way to the other vessel, causing a collision. Both boats sustain significant damage, and one of the occupants suffers whiplash.

  This scenario involves a maritime tort because the collision happened on navigable waters between two vessels. The distracted operator's failure to follow maritime rules of the road and exercise reasonable care constitutes negligence, a civil wrong that directly led to property damage and personal injury for the other boat's occupants.

• Example 3: Damage to Port Infrastructure

  A large commercial cargo ship is attempting to dock at a port. Due to a miscalculation by the pilot and a malfunction in the ship's thrusters, the vessel scrapes violently against the pier, causing substantial structural damage to the dock and its loading equipment.

  This is a maritime tort because the damage occurred on navigable waters (the ship impacting the dock) and involved a commercial maritime operation. The pilot's error and the ship's malfunction, which could be attributed to negligence in maintenance or operation, directly caused property damage to the port authority's infrastructure.