This depends on whether the case falls within the court's admiralty jurisdiction
For accidents that do occur on navigable waters, federal admiralty jurisdiction
will exist and general maritime law will control if the activities underlying the event have a sufficient nexus with traditional maritime activities.
As a seaman, one is entitled to rights he would otherwise not be eligible for outside of admiralty jurisdiction
such as maintenance and cure, unseaworthiness, and other remedies under the Jones Act.
Navigability is intuitively far more relevant to the scope of the federal navigational servitude and federal admiralty jurisdiction
The underlying admiralty jurisdiction
issue in DeLovio v.
Indeed, the experience gained from efforts to extend admiralty jurisdiction
to the Great Lakes, both before and after Confederation, and reactions to those efforts in Great Britain and Canada influenced the shape of the debate that ensued prior to the selection of the Exchequer Court of Canada as the admiralty court.
1991) (concluding that the interaction between admiralty jurisdiction
and the eleventh Amendment can deprive a salvor of a forum because any federal action brought in admiralty against a state will be barred by the eleventh Amendment, and absent a state law under which the salvor can proceed, will be beyond a state court's jurisdiction as well).
In this case, the Supreme Court ruled against the city of Chicago in considering whether an ordinary tort which causes damage only to non-maritime parties is nonetheless subject to federal admiralty jurisdiction
With a wealth of information covered, the book is helpfully divided into four parts - Admiralty Jurisdiction
and Procedure; Substantive Law; International Conventions; and Safety at Sea.
It followed suit first for purposes of federal admiralty jurisdiction
and later for the Commerce Clause and its corollary in the federal navigational servitude.
Nine chapters cover: admiralty jurisdiction
and procedure; federalism and admiralty jurisdiction
; admiralty remedies; carriage of goods; charter parties; personal injury and death claims; collision and other accidents; maritime liens; and limitation of liability.
The appeals court concluded that admiralty jurisdiction
does not stop at the gangplank but "extends to the location of the sexual battery.