The Public Vessels Act (PVA) allows individuals to sue the U.S. government for damages resulting from injuries sustained on public vessels. Prior to this law, the federal government had immunity from being sued. If you were injured on a government-owned or operated vessel, contact a maritime lawyer to learn how to seek damages.
What Is the Public Vessels Act?
The legislature passed the Public Vessels Act in 1925 to allow injured individuals to hold the U.S. government accountable for damages in certain situations. Sovereign immunity previously prevented injured individuals from naming the federal government in lawsuits over maritime injuries. The law allows certain individuals injured on government-owned or chartered boats or ships to seek compensation.
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The PVA is a waiver of immunity. By passing the law, the federal government waived its immunity, which prevented many individuals from receiving compensation after being injured on a public vessel. Lawsuits filed under the PVA are like personal injury suits. The individual filing must prove negligence caused their injuries, which resulted in damages.
What Is a Public Vessel?
The law only applies to public vessels, so the definition is vital to the PVA. A public vessel is any vessel owned or chartered by the government. Some examples of vessels that fall under the purview of the PVA include:
- Vessels that provide public transport, such as certain ferries
- Coast guard vessels
- Military Sealift Command vessels
- Firefighting boats
- Wildlife conservation vessels
Who Is and Is Not Covered by the Public Vessels Act?
The PVA covers people injured in accidents while working or traveling on public vessels. This could include government employees or employees of government-contracted companies. Workers on private vessels have recourse to sue or seek damages through different federal laws, like the Jones Act.
Under the PVA, foreign nationals can only sue the U.S. government if they can show that their government would allow a similar action from a U.S. national.
What Are the Requirements for Making a PVA Claim?
Your case must meet certain requirements to file a lawsuit and seek compensation under the PVA. These are similar to requirements of other maritime laws.
To have a valid claim, you must show that negligence caused the incident and your injuries. Alternatively, you can prove the unseaworthiness of the vessel. This is in contrast to some other laws (LHWCA and OCSLA) that provide workers’ compensation regardless of negligence.
Is There a Time Limit for Filing a PVA Lawsuit?
A statute of limitations puts a time limit on taking legal action for an injury under the PVA. You have two years from the time of the incident or injury to file a lawsuit seeking damages. The two-year time limit effectively becomes only 18 months when you take into account the time it takes to comply with the Federal Tort Claims Act (FTCA).
You must comply with the FTCA when filing any tort claim against the federal government. This includes notifying the relevant agency, which then has six months to review your claim. You cannot file your lawsuit until the government denies your claim or the six-month period ends.
What Kind of Compensation Can I Get from a PVA Claim?
If you file a successful lawsuit under the Public Vessels Act, you have the chance to recover damages for:
- Past and current medical expenses
- Expected future medical expenses
- Lost wages
- Lost future earnings
- Pain, suffering, and other noneconomic costs
Does the PVA Cover Fatalities?
You may be eligible to file a PVA lawsuit to recover damages if you lost a loved one on a public vessel. The law applies to injuries and fatalities caused by negligence aboard public vessels. A successful claim may include recovery of damages for lost wages, funeral expenses, medical expenses, emotional suffering, and loss of consortium.
Do I Need a Maritime Lawyer to Make a PVA Claim?
You should have a maritime lawyer as your representative when filing a lawsuit under the Public Vessels Act. If you were injured in a maritime accident or lost a loved one, talk to a lawyer right away. Maritime law is complicated, and the PVA might not even be the correct law for your situation.
If it is, a lawyer can help you build a case to prove negligence, file within the statute of limitations, and give you the best chance of getting compensation. Provide them with all the relevant information, such as medical records and incident reports. This will help them build the best case.
Contact a maritime lawyer as soon as possible to discuss your case. You don’t want to miss the opportunity to recover damages for the harm caused to you.