The Admiralty Extension Act

The Admiralty Extension Act extends maritime jurisdiction to certain situations that occur on land. It allows more people to file claims after being injured by a vessel on navigable water. Before the extension, many injured victims had to resort to state laws to make claims.

What Is the Admiralty Extension Act?

The Admiralty Extension Act (AEA) was passed in 1948 to extend maritime laws inland. Previously, maritime law only applied to incidents that occurred on navigable waters. This allowed for gaps that left some workers or passersby without recourse after being injured by a ship while on land.

The AEA covers accidents, injuries, and damage that occur on land and are caused by a vessel on navigable waters, filling in some of those gaps. It allows for more situations to fall under the jurisdiction of federal maritime laws and federal courts.

When Does the Admiralty Extension Act Apply?

It’s important to understand in which situations the AEA applies. It does not apply to all cases of injuries occurring on land just because they are near water. The AEA allows for claims to be made for injuries to people or damage to property.

Conditions of the Admiralty Extension Act

At least one of these specific conditions must apply for a claim to be covered under the AEA:

• The injury or property damage occurred on land but was caused by a vessel on navigable waters.
• Alternatively, the injury or damage was caused by an appurtenance of a vessel.
• The injury or damage disrupted normal maritime commerce.
• The activity that led to injuries or damage was directly related to ordinary maritime commerce.

Admiralty Extension Act Examples

These are some examples of situations that would likely be covered under the Admiralty Extension Act:

• A vessel on a river collides with a bridge, causing property damage or hurting people on the bridge.
• A crane on a ship in port fails while workers unload cargo. The cargo falls and strikes a worker on the dock.
• A vessel’s wake as it moves by a pier causes equipment to fall over, injuring people on land.
• A ship drops anchor but strikes the dock or pier, causing property damage or injuries.

Before the AEA was enacted, these types of property damage and injuries would not fall under maritime law because they occurred on land.

Who Is Covered Under the Admiralty Extension Act?

Most people injured or property damaged in situations that meet the criteria of the AEA are covered. The injured individuals or owners of the property can file a claim under the AEA to recover damages.

This may include workers injured while loading and unloading cargo. These workers may also be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The LHWCA is a federal workers’ compensation program. The LHWCA usually applies, but in some cases, a longshore worker might be able to make a claim under the AEA.

Who Is Not Covered Under the Admiralty Extension Act?

The AEA does not apply to seamen. The Jones Act defines a seaman as a worker who spends a significant amount of their time crewing a vessel in navigation. This includes vessels that are afloat, in operation, capable of moving, and on navigable waters.

The definition means that seamen can be injured by their vessels even if they are on land near them, but they are not covered under the AEA. Instead, they can make claims for compensation under the Jones Act.

When to Contact a Maritime Lawyer

You should contact a maritime lawyer if you were injured near or by a vessel or ship. Whether you are a longshore worker, seaman, or another type of worker, you have a right to seek compensation for your injuries.

Although you have a right to seek damages, the law that applies to your situation depends on various factors. Maritime laws can be confusing and complicated. Maritime lawyers have experience and expertise in these laws. They can review your case during a free initial consultation and recommend how to proceed.

Contact a lawyer as soon as possible after suffering maritime-related injuries. There are time limits for filing claims. If you miss the deadline, you might not be able to get compensation for medical and other expenses. Working with a maritime lawyer gives you the best chance of recovering damages.