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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

Earlier today a helicopter was shooting a video for Powerboat magazine when the helicopter hit the boat, killing two people. The question which arises is "is this a maritime case?"

In order for a case to be governed by admiralty and maritime law, three tests have to be met. First, the accident has to occur in a maritime locality. The Gulf of Mexico is part of the navigable waters of the United States and hence the locality test is easily met.

The next test is not quite so easy to apply. There must be a nexus between the activity and a traditional maritime activity. Historically, the operation of an aircraft, by itself, is not a traditional maritime activity. There are exceptions. First, a seaplane while on the water is engaging in a traditional maritime activity. However, an airplane taking off from a runway located adjacent to the navigable waterways is not.

In this case, the fact that the helicopter is filming the operation of a boat, and actually hits the boat, makes it more likely than not that the helicopter is engaging in a traditional maritime activity. Aircraft taking off from the deck of an aircraft carrier are, so this would be similar to that situation.

Finally, the activity must have a potential impact on commercial maritime activities. That test is seldom found to be a bar to maritime jurisdiction.

Why is this question important? Because with maritime jurisdiction comes maritime law and maritime remedies---a minefield for the uninitiated, but a potential boon for the knowledgeable.

Thirdly,