10/14/07

Terms Defined


Long Island Boating World
looks at the issue of Admiralty terms.
Admiralty terms are unique. And, while a doctor’s
writing may be difficult to understand, admiralty’s language
can be just as tricky to navigate. Here we are in the
21st century, and the U.S. Supreme Court recently re-visited
the definition of vessel in relation to a maritime dispute.
Just last month, a reader of the “Sea Trials” column
(a licensed captain) sent me an email asking what the
term seaman means in maritime law.
Believe it or not, the issue of seaman status is frequently
litigated. This is because, under maritime law,
the types of remedies available and elements of damages
recoverable may depend upon whether one is or is not a
“seaman.” Plaintiffs with bodily injuries like to be
cloaked with “seaman” status for expanded remedies
against the vessel owner/employer.
A seaman, according to a dictionary definition, is a
person skilled in seamanship or a person whose trade or
occupation is assisting in the handling, sailing, and navigating
of a ship during a voyage, especially one below
the rank of officer. However, it is not so simple in admiralty
parlance. Maritime law relating to liability for
death or injury to seamen has evolved from ancient
maritime codes. Coupled with U.S. legislation and
case law, unique tests of eligibility for seaman status
have developed.

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