Most people assume that when they are injured due to someone else’s negligence, the legal process for pursuing compensation is the same, regardless of where the incident occurs. In Louisiana, however, there is a significant distinction between injuries that occur on land and those that happen on or near the water.
From boating and ferry injuries to slips on docks or cruise ships, maritime law can significantly alter the legal process, the types of damages available, and how long you have to act.
Understanding these differences is crucial for anyone injured in Louisiana, especially in a state where waterways play a central role in daily life.
Maritime Injuries Fall Under a Separate Set of Legal Rules
When an injury happens on the water, it often falls under federal maritime law rather than Louisiana’s personal injury statutes. This includes injuries that occur on boats, ships, ferries, cruise lines, jet skis, and other types of watercraft. It may also include incidents that happen at ports, docks, or marinas, depending on where and how the injury occurred.
Unlike typical land-based injury cases, maritime claims do not always follow Louisiana’s two-year statute of limitations. In most cases, injured individuals have up to three years to file a claim, depending on the specific circumstances and applicable law.
Maritime law also has its standards for proving negligence and liability. For example, general maritime law allows injured passengers to file claims if the boat owner or operator failed to maintain a safe environment or acted carelessly.
Additionally, if the injury occurred on a commercial vessel or involved a charter operator, the terms of the passenger ticket or agreement may impact your rights. These contracts often include legal disclaimers or forum selection clauses that affect where and how a claim can be filed.
Land-Based Injuries Follow Louisiana Personal Injury Law
Injuries that occur on land, such as car crashes, slip and falls, or being hit as a pedestrian, are handled under Louisiana state law. These claims typically require proof that someone else was negligent, such as a driver who was speeding or a store that failed to clean up a spill. The process includes gathering evidence, filing a claim with the at-fault party’s insurance company, and negotiating a settlement, or pursuing a lawsuit if necessary.
Louisiana has one of the shortest statutes of limitations in the country for personal injury cases. Victims usually have only two years from the date of the incident to file a claim. This deadline is strictly enforced, making it crucial to consult with an attorney as soon as possible after the injury.
Compared to maritime claims, land-based personal injury cases are more straightforward in terms of jurisdiction and legal process. However, they still require a strong legal strategy and experienced representation to ensure complete and fair compensation.
A Quick Note on Work-Related Maritime Injuries
While this blog primarily focuses on personal injuries to passengers and non-employees, it is worth noting that maritime workers follow a distinct legal path. Depending on their role, they may be covered by the Jones Act or the Longshore and Harbor Workers’ Compensation Act, which offer different rights and remedies than Louisiana’s workers’ compensation system.
Why the Location of Your Injury Matters
Whether you were injured in a car crash on I-10 or thrown from a boat on the Mississippi River, the legal system you enter may look very different depending on where the injury took place.
That difference can impact:
- The timeline to file your claim.
- Which laws apply to your case?
- How liability is determined.
- The amount and type of compensation you may recover.
At Russell Law Firm, LLC, we know how confusing these differences can be. That is why our East Baton Rouge Parish personal injury attorneys are here to guide you through every step—whether your injury occurred on land or water.
If you were hurt due to someone else’s negligence, contact us today at 225-307-0088 or online for a free consultation. We will help you understand your options and fight for the results you deserve.
The Russell Law Firm is in Your Corner, and We Fight to Win.
Information furnished herein is only general and not a substitute for personalized legal advice. Any discussions and photographs herein depict no actual event or scene but merely a dramatization.