Louisiana Maritime Injury Attorney

At Broussard, David & Moroux, our Louisiana maritime lawyers are well-versed in both statutory and general maritime law and can help you understand how the law applies to your unique circumstances.

Statutory Maritime Law

When a maritime worker suffers an injury during the course of employment, federal statutes such as the Jones Act or the Longshore and Harbor Workers’ Compensation Act (LHWCA) may provide avenues for compensation. A fact-specific analysis is required to determine which law applies:

• Jones Act: This law applies to individuals who meet the legal definition of a “seaman.” It grants the right to sue employers for negligence and also provides maintenance and cure benefits (covering medical costs and a daily living allowance) regardless of fault.
• Longshore and Harbor Workers’ Compensation Act: Applies to land-based maritime workers, such as those who load, unload, build, or repair vessels. It provides automatic workers’ compensation benefits for qualifying injuries.

Depending on which statute governs the case, specific rights and obligations are triggered. Employers may be legally required to compensate injured workers under federal law. If they refuse to comply, legal action may be necessary. An experienced maritime attorney can guide you through this process and help you pursue the compensation you are owed.

General Maritime Law

General maritime law is not codified by statute but is created through judicial precedent. It provides legal remedies for injuries at sea that fall outside the scope of federal statutes, and it also supplements statutory law in many situations.

For instance:

• If an individual is injured recreationally at sea or does not meet the criteria for coverage under the Jones Act or LHWCA, general maritime law may still provide a path for recovery.
• Seamen may bring strict products liability claims for injuries caused by defective vessel equipment.
• Wrongful death claims under general maritime law may be pursued by families of individuals who die at sea, including cruise ship passengers and recreational boaters.

An attorney familiar with both general and statutory maritime law can assess which claims you may be eligible to pursue.

Your Legal Rights After an Injury at Sea

After an injury, it is essential to be fully informed about your legal rights. Whether your case is governed by a federal statute or falls under general maritime law, our experienced attorneys can help protect your rights and pursue compensation.

At Broussard, David & Moroux, we provide a personalized approach to every case, ensuring our clients remain informed and supported throughout the legal process. For a free consultation with a Louisiana maritime lawyer, contact us at:

• Toll-Free: 888-337-2323
• Local: 337-233-2325

Maritime Law Glossary (A–Z)

A

• Appeal – A proceeding whereby one party seeks to have a judicial decision reconsidered by a higher court. Both court and agency decisions can be appealed. The higher court has the power to reverse the original decision if the lower court or agency erred in making the original decision.
• Arbitration – A type of alternative dispute resolution where parties resolve their conflict outside of court. Maritime arbitration in the United States is governed by the Federal Arbitration Act.
• Arbitration Clause – A contract provision requiring disputes to be resolved in arbitration rather than court, often specifying location, procedure, and governing law.
• Assignment – The transfer of a legal right or interest from one person to another.
• Assumption of the Risk – In admiralty law, assumption of the risk is not a defense. A plaintiff’s fault is instead apportioned under comparative fault rules.
• Attorneys’ Fees – Fees incurred by your attorney in litigation. Some laws allow the prevailing party to recover these from the opposing party.

B

• Beneficiary – A person entitled to benefits or compensation due to a legal arrangement.
• Bills of Lading – Legal documents acknowledging the receipt and transportation agreement for goods shipped.
• Blacklisting – Placing someone on a list to be boycotted or denied employment.
• Borrowed Servant – A worker temporarily under another employer’s control. That employer is liable for the servant’s actions.
• Burden of Proof – The obligation of a party to prove a claim or assertion with evidence.

C

• Casualty at Sea – A serious or fatal accident on navigable waters.
• Causation – The act of causing an effect; legally essential in proving personal injury claims.
• Choice of Law – A decision about which jurisdiction’s laws apply in a dispute.
• Collateral Source Rule – Prevents reduction of damages based on compensation received from independent sources (like insurance).
• Collision – The impact between two or more moving vessels.
• Comparative Fault – Reduces a plaintiff’s recovery in proportion to their own negligence, but does not bar it entirely.
• Complaint – The initial legal document filed to start a lawsuit.
• Compulsory Pilotage Statute – Requires certain vessels to use licensed pilots when entering or exiting a harbor.
• Concurrent Jurisdiction – When more than one court has authority over a case, allowing the plaintiff to choose the venue.
• Conflict of Laws – When different jurisdictions have conflicting laws, courts must determine which to apply.
• Consequential Damages – Indirect damages that result from a wrongful act, rather than immediate effects.
• Constructive Discharge – When an employee resigns due to intolerable working conditions created by the employer.
• Contract – A legally binding agreement between parties that creates enforceable rights and duties.
• Contribution – The right of a paying tortfeasor to seek proportional reimbursement from other jointly liable parties.
• Contributory Negligence – A legal doctrine where any fault by the plaintiff barred recovery; largely replaced by comparative fault.

D

• Damages – Monetary compensation awarded to a party in a lawsuit for loss or injury.
• Defendant – The party against whom a lawsuit is filed.
• Demurrage – A charge payable to the owner of a chartered ship on failure to load or discharge the ship within the time agreed.
• Deviation – A departure from the agreed route or method of transportation, which can affect liability.

E

• Earnings Capacity – The potential income a person could earn, considered in damage calculations.
• Exclusive Economic Zone (EEZ) – A sea zone prescribed by the United Nations over which a state has special rights regarding the exploration and use of marine resources.

F

• Force Majeure – A clause that frees parties from liability or obligation when an extraordinary event or circumstance beyond their control occurs.
• Freight – The compensation paid for the transportation of goods.

G

• General Average – A principle of maritime law where all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship or cargo to save the whole in an emergency.
• Gross Tonnage – A nonlinear measure of a ship’s overall internal volume.

H

• Harbor Master – An official responsible for enforcing the regulations of a port.
• Hatch – An opening in a ship’s deck for access to the cargo hold.

I

• Indemnity – Security or protection against a loss or other financial burden.
• In Rem – A legal action directed against property, rather than against a person.

J

• Jetty – A structure projecting into a body of water to influence the current or tide or to protect a harbor.
• Jones Act – A federal statute that provides for the promotion and maintenance of the American merchant marine and allows injured sailors to obtain damages from their employers.

K

• Keel – The principal structural member of a ship, running lengthwise along the center from bow to stern.
• Knots – A measure of speed equal to one nautical mile per hour.

L

• Lading – The action or process of loading a ship with cargo.
• Lien – A legal right or interest that a creditor has in another’s property.

M

• Maintenance and Cure – A maritime law doctrine requiring a shipowner to care for seamen injured in the service of the ship.
• Maritime Lien – A privileged claim upon sea-connected property, such as a ship, for services rendered to or injuries caused by that property.

N

• Navigable Waters – Bodies of water that are capable of being used for interstate or foreign commerce.
• Negligence – Failure to exercise the care that a reasonably prudent person would exercise in like circumstances.

O

• Off-Hire – A period during which a chartered vessel is not earning hire due to certain conditions.
• Owner’s Liability – The legal responsibility of a shipowner for damages or loss.

P

• Perils of the Sea – Natural accidents peculiar to the sea, such as storms and waves.
• Port of Call – An intermediate stop for a ship on its scheduled journey.

Q

• Quarantine – A restriction on the movement of people and goods to prevent the spread of disease or pests.
• Quay – A structure built parallel to the bank of a waterway for use as a landing place.

R

• Replevin – A legal remedy for a person to recover goods unlawfully taken.
• Rudder – A flat piece, usually of wood, metal, or plastic, hinged vertically near the stern of a boat or ship for steering.

S

• Salvage – The compensation allowed to persons who voluntarily assist in saving a ship or its cargo from peril.
• Seaworthiness – The fitness of a ship for a voyage, including the condition of the vessel and the competence of the crew.

T

• Towage – The act of towing a ship o U r boat.
• Tugboat – A small, powerful boat used to maneuver larger ships.

U

• Underwriter – An individual or company that underwrites an insurance risk.
• Unseaworthiness – The condition of a vessel that is not fit for its intended use.

V

• Vessel – Any watercraft or other artificial contrivance used as a means of transportation on