Article · Tort

Hurt Where the Ordinary Rules Do Not Apply: How Maritime and Rail Injury Claims Work

46 U.S.C. § 30104

Type
Article
Jurisdiction
National
Date
2026-01-26
Topic
Tort

Some injuries happen in places where ordinary tort law does not apply. A deckhand hurt on a tug, a longshore worker hurt loading a ship, a railroad conductor hurt on a switch, and a passenger hurt on a flight are each governed by their own statute, with its own causation standard, its own defenses, its own damages, and its own deadlines. This article explains those regimes and how to tell which one applies. It covers the seaman's three overlapping remedies and why maintenance and cure is available regardless of fault, the harbor worker's compensation scheme and the narrower claim against a vessel, the railroad worker's statute and the reduced causation burden that makes it distinctive, and the preemption doctrines that shape aviation and rail claims. Worked examples follow three injured workers through the classification question that decided their cases. The article closes with why the first question in any of these cases is never negligence.

Hurt Where the Ordinary Rules Do Not Apply: How Maritime and Rail Injury Claims Work

Tort > Maritime, Aviation, and Rail Injuries | Published 26 January 2026 - Updated 5 July 2026 | UpLaw - uplaw.us

Four Workers, Four Bodies of Law

A deckhand slips on a wet deck aboard a tug. A longshore worker is struck by a container while unloading a vessel at a terminal. A conductor's knee is destroyed stepping from a locomotive. A flight attendant is injured by turbulence.

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