Tampa Bay Maritime Lawyers
Tampa Bay is a major hub for cruise ship travel, shipping, fishing, and recreational boating, making it one of the most active maritime areas in the state of Florida. Every day, thousands of cruise ship passengers, crew, deckhands, offshore workers, and boaters navigate the busy waters of Port Tampa Bay, often in high-traffic conditions, increasing the risk of an accident. Call us today at (813) 358-0490 for a free case review.
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Table of Contents
What Counts as Navigable Waters in Tampa Bay?
Who Does Maritime Law Apply to in Tampa?
What Injuries Are Covered by Maritime Law in Tampa Bay?
Cruise Ship Injuries in Tampa Bay
Excursion and Shore Activity Injuries in Tampa Bay
Recreational Boating Accidents in Tampa Bay
Jet Ski and Personal Watercraft Accidents in Tampa Bay
Commercial Shipping and Cargo Ship Injuries in Tampa Bay
Fishing Boat Accidents in Tampa Bay
Federal Maritime Laws That Apply in Tampa Bay
Death on the High Seas Act (DOHSA)
Longshore and Harbor Workers’ Compensation Act (LHWCA)
Outer Continental Shelf Lands Act (OCSLA)
If you’ve been injured while on the navigable waters near Tampa, you need an experienced maritime attorney who can help you navigate the complex federal laws that govern maritime accidents and get you the compensation you deserve.
Maritime Law in Tampa Bay
Maritime law, also known as admiralty law, governs accidents, injuries, and disputes that occur on navigable waterways. Navigable waterways are those that connect to the sea; in Tampa, this includes bodies of water like Tampa Bay, the Hillsborough River, the Manatee River, the Intercoastal Waterway along St. Pete and Clearwater, and more. These waterways are used every day by cruise ships, commercial vessels, fishing boats, charter operators, and recreational boaters.
Accidents that occur on these navigable waterways around Tampa fall under federal maritime law, which provides protection for passengers and crew aboard the vessels in the area.
Call us at (813) 358-0490 today for a free consultation with a Tampa Bay maritime lawyer.
What Counts as Navigable Waters in Tampa Bay?
The navigable waterways in Tampa can include:
- Tampa Bay
- Gulf of Mexico (Gulf of America)
- Hillsborough River
- Manatee River
- Intracoastal Waterway (ICW)
- Old Tampa Bay
- Hillsborough Bay
- Egmont Channel
- Johns Pass
- Clearwater Pass
- Passage Key Inlet
Who Does Maritime Law Apply to in Tampa?
Maritime law is there to protect anyone who either works or travels on boats and other vessels in the navigable waters around Tampa Bay. This can include a wide range of people:
- Cruise ship passengers
- Cruise ship crew members
- Seamen
- Commercial fishermen
- Offshore workers
- Recreational boaters
- Jet skiers
- Ferry passengers
- Ferry crew members
- Swimmers (when injured by a vessel or who are part of a paid excursion)
Anyone who is involved with a vessel on navigable waters, whether they’re passengers, crew, or even a bystander in the water who is injured by the vessel, is covered by maritime law.
What Injuries Are Covered by Maritime Law in Tampa Bay?
Maritime law is restricted more by the location where the injury took place than by the type of injury. As long as the injury took place on a vessel in navigable waters, it should be covered by federal maritime law. This means that a broken leg on a cruise ship or a concussion from a jet ski accident are both part of maritime law.
Cruise Ship Injuries in Tampa Bay
Cruise ship passengers and crew members alike face a variety of hazards that can occur on board the cruise ship. As long as the ship is on navigable waters, like those of rivers connecting to the sea, Tampa Bay, or the Gulf beyond, maritime law applies. This is the case whether an injury is caused by negligent crew conduct, unsafe conditions, inadequate security, contaminated food, medical negligence, or just an accident that occurs during shipboard activities.
Excursion and Shore Activity Injuries in Tampa Bay
You don’t even have to be on the cruise ship for an injury to qualify as a maritime law case. Tender boats to and from the cruise ship and even cruise ship excursions. Cruise ship excursions, even ones that take place on land, are considered by law to be part of the overall cruise ship experience and therefore are also still covered by maritime law.
Recreational Boating Accidents in Tampa Bay
Because of Tampa’s location on the Gulf, recreational boating is a common pleasure activity for residents. Many people who live there either own or rent boats or yachts to spend time on the city’s waterways. This also means that accidents can be unfortunately common. Whether they’re caused by operator inexperience, speeding, equipment failure, alcohol use, or other unsafe vessel conditions, any vessel on navigable waters in the Tampa Bay area is covered by maritime law.
Jet Ski and Personal Watercraft Accidents in Tampa Bay
A vessel doesn’t have to be a boat for it to qualify for protection under maritime law. Jet skis and other smaller personal watercraft also count, as long as the accident occurs on navigable waters. This means that a jet ski accident must have happened in Tampa Bay, the Gulf, or one of the rivers that connect to the sea, like the Manatee River. If a jet ski accident occurred on a lake or on a river that had no outlet to the ocean, then that would fall under the jurisdiction of state law instead.
Commercial Shipping and Cargo Ship Injuries in Tampa Bay
Tampa Bay isn’t just popular for cruise ships and recreational boating. It’s also a significant commercial shipping hub. Cargo ships, tankers, service vessels, and other commercial ships are frequently plying the waters in and around Tampa Bay. Workers aboard these vessels could be injured in anything from a boating accident to an incident that would normally be covered by Workers’ Compensation laws if not for the fact that it happened on a boat.
Fishing Boat Accidents in Tampa Bay
Fishing is both a major commercial activity and a recreational one in the Tampa Bay area. Whether you own your own boat or charter one for fishing purposes, any accident involving a fishing boat in navigable waters is protected under maritime law as well. Slip-and-fall accidents on deck, equipment malfunctions, rough seas, crew negligence, and more all qualify for protection.
Federal Maritime Laws That Apply in Tampa Bay
Whether federal maritime law or Florida state law applies in an accident depends on where and how the accident took place. To qualify for protections under federal maritime law, the accident or injury must meet these criteria:
- The accident occurred on navigable waters
- The accident involved a vessel or maritime activity
Anything else would be covered by Florida state law instead.
General maritime law, also known as admiralty law, makes up the bulk of what would apply in a maritime accident or injury, but there are specific acts that are relevant as well.
General Maritime Law
General maritime law isn’t a single act of legislation. Instead, it’s centuries of court decisions, dating back through the entire United States history of the federal courts and to English admiralty courts. The Constitution gives federal courts jurisdiction over “all Cases of admiralty and maritime Jurisdiction,” and therefore those courts have been establishing the precedents that now make up American federal maritime law since the founding of the country.
General maritime law covers things like:
- Maritime negligence standards
- Vessel owner duties
- Seaworthiness liability
- Passenger rights
- Any remedies from a maritime accident not specified by law
The Jones Act
The Jones Act protects seamen and other crew members employed on ships and other vessels in navigable waters. This law allows those who work on boats and other vessels to sue their employers for negligence. The Jones Act essentially replaces workers’ compensation in areas where maritime law applies. Through it, maritime workers can recover:
- Pain and suffering
- Lost wages
- Medical expenses
- Future earnings
This is the primary law that covers any crew injuries that may occur on a ship.
Death on the High Seas Act (DOHSA)
Navigable waters are those that lead out to the sea. But what happens when a death occurs on the sea itself? That’s where DOHSA comes in. Federal law still applies to any situation on the high seas that involves US citizens, an American-owned ship, or a ship flagged in the United States. Specifically, the Death on the High Seas Act covers wrongful death situations that occur more than three nautical miles away from shore, whether the person affected was crew or passenger.
$2+ BILLION IN RESULTS
Longshore and Harbor Workers’ Compensation Act (LHWCA)
There are laws that protect those who work alongside the water, too. Longshoremen and harbor workers are shore-based maritime workers. They’re based on land, however, so general maritime law doesn’t apply. That’s why there’s the LHWCA, which applies on the land that is adjacent to the navigable waters where maritime law functions.
Outer Continental Shelf Lands Act (OCSLA)
The Outer Continental Shelf Lands Act protects those working on offshore oil platforms, like those out in the Gulf. The Outer Continental Shelf, or OCS, is the submerged land that surrounds the continental United States. The OCS typically is considered to begin 3 nautical miles offshore, but in the Gulf, it’s considered to begin 9 nautical miles away from Florida’s shore on the Gulf coast. The Outer Continental Shelf Lands Act (OCSLA) extends federal protections from general maritime law to workers on offshore oil rigs and other vessels that are offshore.
Where Are Tampa Bay Maritime Cases Filed?
Even though maritime law is federal, most maritime cases are actually handled at the state level. That means that a boating accident or a jet ski injury wouldn’t go to federal court but would instead be dealt with locally in Florida. This happens because maritime law contains a provision called the “Saving to Suitors” Clause, which allows any claimant to take their case to state court instead of federal, even though the Constitution grants maritime jurisdiction to the federal government specifically.
What this means for anyone injured on a boat or in navigable waters in Tampa Bay is that there are benefits to filing a claim at the state level, such as jury trials, that aren’t available at the federal level. Filing a maritime claim in Florida maintains both the state-level benefits and the federal maritime protections.
Why You Need a Tampa Bay Maritime Lawyer
While a maritime injury may appear on the surface to be similar to workers’ compensation or personal injury cases, maritime laws are actually some of the most complicated in the country. Different laws apply, and figuring out who is liable for an accident can be equally complex. That’s why if you’ve been injured on navigable waters in the Tampa Bay area, you’ll need a maritime attorney who not only understands the complex legal landscape of maritime law but who is also familiar with the Tampa Bay area in particular.
Contact Our Maritime Attorneys in Tampa Bay for a Free Consultation
If you’ve suffered an injury, we’re here to help. Don’t wait to contact us to discuss your case. The longer you wait, the harder it is to gather the evidence needed to prove your case. Let us help you get the justice you deserve by holding those responsible for your injuries liable.
We’re committed to helping those who need it most. We don’t want you to go through this alone. Call our caring Tampa Bay maritime lawyers today at (813) 358-0490 for a free, confidential consultation.
5100 W Kennedy Blvd
Unit 250
Tampa, FL 33609
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