Article by Irving J. Warshauer and Stevan C. Dittman
Claims for personal injuries and deaths that occur on or near navigable waters generally fall within a court's admiralty jurisdiction and require the application of substantive maritime law, which is, of course, federal law. The issue of whether maritime jurisdiction exists, however, can raise intricate factual and legal issues. Certain claims, although governed by substantive federal law, do not necessarily have to be brought in a federal forum. This Article examines the statutory schemes and jurisprudence unique to the field of maritime personal injury and death.
About the Author
Irving J. Warshauer. Member, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., New Orleans, Louisiana. J.D., Tulane University School of Law; B.A., University of North Carolina of Chapel Hill.
Stevan C. Dittman. Member, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., New Orleans, Louisiana. J.D., Tulane University School of Law; M.A., University of Michigan; B.A., University of Wisconsin.
Citation
79 Tul. L. Rev. 1163 (2005)