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There are circumstances under which the government may owe you financial compensation for a maritime injury. The experienced California Public Vessels Act maritime injury attorneys at Law Offices of Preston Easley, APC know when to take strong legal action against the United States government when it is necessary.
The Public Vessels Act is a little-known law that allows you to sue the government in certain circumstances when you have been injured or suffered harm from a government vessel. However, you are not always able to file a lawsuit under the statute because the government is immune from certain actions. It is crucial that you know ahead of time whether you can sue the government and what law may support your case.
To learn more about whether you can recover financial compensation after an accident involving a government vessel, speak to a public vessels act maritime accident lawyer at Law Offices of Preston Easley, APC by calling us at (310) 773-5207. We can review your case and explain your legal rights.
The United States government maintains vessels that are on public and private waters. There are numerous government agencies that own these vessels, including:
- Navy
- Coast Guard
- National Oceanic and Atmospheric Administration
- United States Army Corps of Engineers
What Is the Public Vessels Act?
The federal government ordinarily maintains sovereign immunity that keeps it from being sued under certain circumstances. However, the government will waive this immunity pursuant to statute in some cases. The Public Vessels Act allows people who were injured when working on a government vessel, or in an accident with the boat, to sue the federal government. This lawsuit would be filed in federal court in front of a judge (there are no jury trials).
The PVA applies when there is a public vessel involved. The law defines the term as a vessel that is:
“owned or bareboat-chartered and operated by the United States … and used for a public purpose.”
The definition means that the vessel cannot be used for commercial purposes. A public purpose would be for things that fall under military, security and public health.
Here are some circumstances that may allow you to file a lawsuit against the government under the PVA:
- You were an operator of a vessel that was involved in a collision with a government boat
- Your business was damaged by the actions of a government vessel, such as pollution caused by a fuel leak
- You were a civilian crew member on a government vessel, and you were injured during the course of your employment
- You owned a cargo boat, and there was a loss due to an accident involving a government vessel
- Your boat was damaged by a government vessel that was negligently docked in a marina
There Are Some Strict Limitations to the PVA
However, it is important to know the limitations of the PVA. Service members who were injured on or by a government vessel cannot file a lawsuit for injuries that occurred during their service. The Feres Doctrine bars these lawsuits when a service member is on active duty. This is an absolute bar, and there are no exceptions.
There are also other circumstances where you may not be able to file a lawsuit. The federal government typically has sovereign immunity when its representatives are acting in a discretionary manner that involves policy. For example, if the government is executing a naval maneuver or a tactical mission, it cannot be sued for its actions. In general, there can be no lawsuits for wartime or combat operations. Finally, you cannot file a lawsuit for a decision that was made by a government contractor who was acting according to instructions or specifications provided by the government (you typically cannot sue a contractor when you would not be able to sue the government)
The circumstances under which you may not sue typically lead to government defenses that are used against your case. You must be prepared to overcome these defenses in your lawsuit, making PVA claims complex in nature.
Filing a Lawsuit Against the Government Under the PVA
Unlike a case filed under the Federal Tort Claims Act, you do not begin your lawsuit by filing an administrative claim. You do not have to exhaust these remedies before you take your case to court. Instead, you begin your case directly in the federal court system, without the additional delays that you may experience by being forced to deal directly with the government first.
Contact a California Public Vessels Act Maritime Injury Law Firm
If you have been injured in an accident on a government-owned vessel, or in a collision with one, schedule a free initial consultation with a California Public Vessels Act maritime injury attorney at Law Offices of Preston Easley, APC. You can schedule time to speak with a maritime injury lawyer by visiting us online or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
