What is the difference between a maritime and a non-maritime boating accident case?
The difference between maritime and non-maritime boating accident cases is based on the legal difference between federal and state law. Maritime law governs waters outside of state boundaries while non-maritime law applies within state lines. In Delaware, maritime law applies to all navigable waters, which includes rivers, harbors, lakes, and bays. Maritime law is based on federal law, which is established by Congress and enforced by the U.S. Coast Guard. It sets standards for safety, inspects and licenses vessels, and investigates accidents. Boating accident cases are subject to maritime law if the waterway is considered navigable and if the accident happened outside of Delaware’s state lines or beyond its three-mile limit. Non-maritime or state law, on the other hand, applies to waters within state boundaries. In Delaware, non-maritime boating accident cases are governed by the Delaware Boating Safety Act, which includes rules for boat registration, navigation, required equipment, and alcohol limitations. Boating accident cases that occur within state boundaries or three miles offshore of Delaware are subject to non-maritime law. In both types of cases, the laws of Delaware determine the regulations and rules that apply. The biggest difference is the application of federal or state law depending on where the boat is located. Maritime accident claims are subject to maritime law, while non-maritime claims are subject to state law. Ultimately, the type of law that applies will determine the type of legal rights and remedies an injured party may have.
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