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Introduction
Over many centuries (in fact, millennia), maritime law has developed, and in the United States, maritime law provides a complete legal system for all forms of maritime-related commerce and activities. This system includes special rules for jurisdiction, venue, procedure, and substantive law, and covers everything from contract disputes, vessel charters, cargo damage, vessel collisions, insurance coverage, and environmental and criminal law. For most attorneys, the chance of encountering any such issues or the need to understand maritime law is fairly remote. However, there are several areas of maritime law that many attorneys may well encounter in their shoreside practices, often with significant consequences.
This piece provides an overview of several of these areas of maritime law in the context of recreational boating and cruise line claims. Part I summarizes the controlling test for admiralty jurisdiction (the rules controlling when special maritime law applies). Part II illustrates how the controlling maritime law applies in recreational boating and cruise passenger personal injury cases, including important marine insurance coverage rules. Finally, Part III discusses two unique maritime law claims and defenses: in rem claims against vessels and the Limitation of Liability Act.