Newsletters

State Laws Regarding Recreational Boating Accidents

State laws govern lawsuits regarding recreational boating accidents only if federal laws and the general maritime law do not apply. Federal laws and the general maritime law may apply to a lawsuit even if the lawsuit is filed in a state court. However, if a plaintiff waives the federal laws or the general maritime law, the lawsuit will be governed by state laws.

Rules Regarding the Speed of Motor Vehicles

State transportation or vehicle codes regulate the speed of motor vehicles. The codes set forth the maximum speed limits that apply to a particular highway or street. The codes also set forth the general duty of a motor vehicle driver to drive at a safe speed in accordance with the conditions of the highway or street.

Claims against the Government

Under the legal doctrine of sovereign immunity, the government cannot be sued without its permission. Sovereign immunity protects the federal government, state and local governments, and government agencies from personal injury lawsuits. However, most governments (including the federal government) have passed laws that waive their sovereign immunity under certain circumstances.

The Jones Act -- Maintenance and Cure

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits.

Professional Rescuers

A rescuer who comes to the aid of a victim of a peril may be either an amateur or a professional, such as a firefighter or a police officer. With respect to amateur rescuers, the "rescue doctrine" may apply to allow the rescuer to recover against the creator of the victim's peril for injuries that he sustains during the rescue. However, professional rescuers are generally unable to rely on the rescue doctrine to recover for their injuries. Instead, the "fireman's rule" ordinarily prevents professionals from recovering without regard to the negligence of the creator of the peril.