Subrogation Practice Areas

Maritime Claims Cases: Subrogation at Sea is Different than On Land

For maritime clients, having a sophisticated and experienced subrogation legal team at your side is paramount. Subrogated maritime claims can involve contract disputes, collisions, delays, groundings, sinking, loss of cargo, as well as injury to employees and others. Subrogated maritime law also governs personal harm that may befall the thousands of passengers who travel on cruise ships or other water-faring vessels each year.

Essentially, maritime and admiralty subrogation is a microcosm of on-land subrogation – you may have property and casualty claims, fire claims, health claims, workers comp claims, etc. Understanding the nuances of this niche yet diverse area of subrogation and insurance law is key to maximizing your maritime subrogation claim resulting in recovery.

Jurisdictional Challenges in Maritime Subrogation Require an Educated Approach

Admiralty and maritime law are uniquely complex practices within the transportation sector. Special laws and regulations govern losses that occur on navigable waterways, including rivers, lakes, seas, and oceans. In addition, maritime law may govern commercial activities that, while land-based, are maritime in nature.

Maritime activity is heavily regulated by numerous federal and international agencies. Although the U.S. Constitution grants federal courts original jurisdiction over admiralty and maritime matters, most subrogated maritime actions can alternatively be brought in state court while still applying Federal Admiralty law under a federal provision called the Savings to Suitors Clause.
The Savings to Suitors Clause allows most tort actions in maritime subrogation cases – such as damage to property or personal injury claims – to be heard in state court. This provides both the client and the government with a more streamlined way to handle these complicated subrogated matters.

Rathbone Group attorneys are adept in knowing when and how to best choose a jurisdiction to hear a subrogated maritime legal claim. The importance of this strategic legal decision cannot be understated, nor can the importance of your legal team knowing how to navigate these often rough waters.

Rathbone Group’s Maritime Subrogation Team is Here to Help

Jurisdictional obstacles notwithstanding, maritime clients need an insurance law firm that has the knowledge and resources to track down all responsible parties. It can be difficult to identify all possible liable parties due to the nature of maritime cases. Rathbone Group’s thorough investigations into subrogation claims ensures clients have every avenue open to maximize recovery.

Our subrogation attorneys and claims specialists are also proficient at the many federal acts and statutes that may come into play in a maritime subrogation case. Whether the subrogated claim involves: 

• Exoneration from or Limitation of Liability
• The Longshore and Harbor Workers’ Compensation Act (LHWCA)
• The Federal Employer’s Liability Act (FELA)
• The Jones Act
• NFPA 921
• Any tort or contract claims concerning a vessel or marina

Rathbone Group can help with the application of state and federal maritime statutes. In addition, our experience with experts and cause and origin investigations offers guidance in recovering claims for cargo damage, products liability, and collisions.

Contact Rathbone Group