maritime law

Most people who are injured on the job are covered by Georgia’s workers’ compensation system. But there are different rules in place for people who work certain types of jobs, such as longshoremen who load and unload commercial ships in port. These workers are covered by a separate federal statute, the Longshore and Harbor Workers’ Compensation Act (LHWCA), which is designed to provide benefits to injured longshoremen while also establishing the relative liability of the shipowner and the stevedore, i.e., the firms that actually provide longshoremen services.

Purvis v. Line

A recent decision from the U.S. 11th Circuit Court of Appeals, Purvis v. Line, demonstrates how the LHWCA works in practice. This particular case involved an accident that occurred while a container ship, the Anna Maersk, was docked at the Port of Savannah in December 2015. The plaintiff worked as a longshoremen at the port. He arrived for his shift one night to begin unloading the Anna Maersk, which he had done several times before.

Are you thinking about taking a cruise? Before you buy your tickets, you need to think about the potential legal implications if you are injured while onboard a ship. Do not assume that the normal personal injury laws applicable to businesses and individuals in Georgia are in effect on the “high seas.” Indeed, much of what happens on a cruise ship is governed by maritime law, which is often not as friendly toward injured passengers as you might think.

Caron v. NCL (BAHAMAS), LTD.

A recent decision by the U.S. 11th Circuit Court of Appeals in Atlanta offers a helpful illustration. Keep in mind, while this case was originally filed in a Florida court, it applies federal law, and the 11th Circuit’s rulings are also considered binding on federal courts here in Georgia.

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