Procedure In Cases Involving Recreational Boating Accidents

Transportation Law: Water Transportation: Personal Injury & Property Damage

If a federal court has jurisdiction over a recreational boating accident, special procedural rules will apply to the accident. These special procedural rules include a lack of a right to a jury trial, rules regarding third parties, rules regarding venue, and whether federal or state law will apply to the accident.

There is no constitutional or statutory right to a jury trial in a federal admiralty action. The lack of a jury trial only applies if the federal court's admiralty jurisdiction is invoked. If a case is filed in a federal district court based on the diversity of citizenship of the parties or because a federal question is involved, the right to a jury trial may be preserved.

If a plaintiff brings a civil lawsuit in a state court regarding a recreational boating accident, the plaintiff is deemed to have waived the admiralty jurisdiction of the federal courts. On the other hand, if the plaintiff brings his or he lawsuit in a federal district court, the plaintiff is entitled to designate whether his or her claim is a civil claim or an admiralty claim. The plaintiff's designation is not irrevocable. The plaintiff may amend his or her designation at a later date.

If a plaintiff brings an admiralty claim against a defendant in a federal district court regarding a recreational boating accident, the defendant is entitled bring a claim against a third party. This is called a third-party claim. The third party may be liable to the plaintiff or to the defendant. However, the defendant's third-party claim must relate to the same transaction or occurrence that was the basis for the plaintiff's original claim.

Admiralty claims are not subject to the federal venue statutes. An in personam admiralty claim, that is, a claim that is seeking damages from a person, may be brought where the defendant may be personally served or where the defendant's personal property may be attached or garnished. An in rem admiralty claim, that is, a claim that is brought against a vessel itself, may be brought where the vessel is located. An admiralty claim that is filed in the wrong federal court may be transferred to the proper federal court.

Federal admiralty law or federal maritime law will apply to a recreational boating accident if the cause of action is brought in a federal district court based upon the federal court's admiralty or diversity of citizenship jurisdiction. This jurisdiction exists only when the accident occurred on navigable waters or when the parties to the action are from different states. Federal admiralty or federal maritime law will also apply to an in personam cause of action that is brought in a state court if the cause of action could have been brought in the federal district court.

Under federal admiralty law, contributory negligence on the part of a plaintiff does not bar recovery by the plaintiff. Although a defendant has a right to claim a defense based on a statute of limitations, the doctrine of laches may determine the time limit for the plaintiff to bring an action. The doctrine of laches bars an action when the plaintiff neglected to assert his or her rights for a period of time.

A federal court may apply state law to a recreational boating accident as long as there is no uniform federal law and as long as the state law does not conflict with the federal maritime law. Also, state law does not apply if it defeats or narrows any federal rights.

An admiralty cause of action that is filed in a state court will generally be tried in accordance with that state's laws and rules of procedure as long as the state's laws and rules do not defeat or narrow any federal rights.