What is the scope of liability under Admiralty Law?

Under Admiralty Law, the scope of liability is broad and encompasses a wide range of situations. It applies to maritime contracts, navigation, torts, and crimes that occur on navigable waters. South Carolina, being a coastal state, has a long history of admiralty law and many of the state’s laws are derived from maritime principles. Generally speaking, the liability under Admiralty Law includes navigational negligence, personal injuries, collisions between vessels, and other nautical torts. Navigational negligence includes a failure to use reasonable care and skill to avoid the foreseeable risk of harm. It also applies to cases of operating vessels that are overdue or missing, inadequate condition of the vessel, failure to take precautions for the safe navigation of vessels, and disregarding weather conditions. Personal injuries include claims for death or injury to passengers, crew, or others, while aboard a vessel. Collisions between vessels can result in property damage or loss of life, as well as injury or death to crew and passengers. In South Carolina, Admiralty Law allows for the recovery of damages or compensation for the innocent party in cases where liability may be established. This includes claims for breach of a maritime contract, wrongful death, negligence, maritime torts, and personal injuries. A lawsuit under Admiralty Law is sometimes called a “limitation of liability” because the court may limit the amount of money or type of compensation an injured party can recover. This type of lawsuit is usually done in a U.S. District Court that has jurisdiction over maritime cases.

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