General Maritime Personal Injury Complaint

GENERAL MARITIME PERSONAL INJURY COMPLAINT

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

[________________________________],
Plaintiff,

v. Civil Action No. [________________]
ADMIRALTY

[________________________________],
Defendant.

COMPLAINT FOR DAMAGES UNDER GENERAL MARITIME LAW

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, brings this admiralty and maritime action against Defendant(s) and alleges as follows:

I. NATURE OF THE ACTION

1. This is an action for personal injuries sustained by Plaintiff on or about [__/__/____] arising from an incident that occurred on navigable waters of the United States.

2. Plaintiff invokes the admiralty and maritime jurisdiction of this Court and designates this as an admiralty case pursuant to Rule 9(h) of the Federal Rules of Civil Procedure.

II. PARTIES

3. Plaintiff [________________________________] is an individual and citizen of [________________________________], residing at [________________________________].

4. Defendant [________________________________] is a [☐ corporation] [☐ limited liability company] [☐ partnership] [☐ individual] [☐ other: ________________] organized under the laws of [________________________________], with its principal place of business at [________________________________].

5. Defendant [________________________________] was at all relevant times the [☐ owner] [☐ operator] [☐ charterer] [☐ manager] [☐ other: ________________] of the vessel M/V [________________________________], Official Number [________________] (the "Vessel").

III. JURISDICTION AND VENUE

6. This Court has original jurisdiction pursuant to 28 U.S.C. § 1333(1), which grants federal district courts exclusive original jurisdiction over admiralty and maritime cases.

7. The cause of action arose on navigable waters of the United States, specifically [________________________________], and involves traditional maritime activity.

8. The incident satisfies the "locality" test for admiralty jurisdiction as it occurred on navigable waters.

9. The incident satisfies the "connection" test for admiralty jurisdiction because:

a. The incident has a potentially disruptive impact on maritime commerce; and

b. The general character of the activity giving rise to the incident has a substantial relationship to traditional maritime activity.

10. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because [________________________________].

IV. STATEMENT OF FACTS

A. Background

11. On or about [__/__/____], Plaintiff was [☐ a passenger] [☐ an invitee] [☐ a business visitor] [☐ engaged in maritime employment] [☐ other: ________________] aboard or in connection with the Vessel.

12. At the time of the incident, the Vessel was [☐ underway] [☐ moored] [☐ anchored] [☐ docked] at or near [________________________________].

13. Plaintiff's purpose for being aboard the Vessel was [________________________________].

B. The Incident

14. On or about [__/__/____], at approximately [____] hours, the following incident occurred:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

15. The incident occurred under the following circumstances:

a. Weather conditions: [________________________________]

b. Sea state: [________________________________]

c. Visibility: [________________________________]

d. Other relevant conditions: [________________________________]

C. Injuries and Damages

16. As a direct and proximate result of the incident, Plaintiff suffered the following injuries:

[________________________________]
[________________________________]
[________________________________]

17. Plaintiff has incurred and will continue to incur medical expenses for treatment of these injuries.

18. Plaintiff has suffered and will continue to suffer physical pain, mental anguish, and emotional distress.

V. FIRST CAUSE OF ACTION

Negligence Under General Maritime Law

19. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

20. Defendant owed Plaintiff a duty of reasonable care under the circumstances.

21. Defendant breached this duty in one or more of the following ways:

☐ a. Failing to maintain the Vessel in a reasonably safe condition;

☐ b. Failing to warn of known dangerous conditions;

☐ c. Failing to discover and correct dangerous conditions that should have been known;

☐ d. Failing to provide adequate safety equipment;

☐ e. Failing to properly train and supervise crew members;

☐ f. Failing to navigate the Vessel with due care;

☐ g. Failing to comply with applicable maritime safety regulations;

☐ h. Operating the Vessel in a reckless or careless manner;

☐ i. [________________________________];

☐ j. [________________________________].

22. Defendant's negligence was a proximate cause of Plaintiff's injuries and damages.

VI. SECOND CAUSE OF ACTION

Unseaworthiness (If Applicable)

23. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

24. Under general maritime law, Defendant owed Plaintiff an absolute, non-delegable duty to provide a vessel reasonably fit for its intended use.

25. The Vessel was unseaworthy in one or more of the following respects:

☐ a. Defective hull, deck, or structural components;

☐ b. Defective or inadequate equipment, appurtenances, or gear;

☐ c. Inadequate or incompetent crew;

☐ d. Unsafe methods of operation;

☐ e. [________________________________].

26. The unseaworthy condition of the Vessel was a proximate cause of Plaintiff's injuries.

VII. THIRD CAUSE OF ACTION

Strict Liability (If Applicable)

27. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

28. Defendant is strictly liable for Plaintiff's injuries because [________________________________].

VIII. FOURTH CAUSE OF ACTION

Vicarious Liability/Respondeat Superior

29. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

30. At all relevant times, the crew members and/or employees of Defendant were acting within the course and scope of their employment.

31. Defendant is vicariously liable for the negligent acts and omissions of its employees, servants, and agents under the doctrine of respondeat superior.

IX. DAMAGES

32. As a direct and proximate result of Defendant's negligence, unseaworthiness, and/or strict liability, Plaintiff has suffered and will continue to suffer:

a. Past and future medical expenses in the amount of $[________________];

b. Past lost wages in the amount of $[________________];

c. Future lost wages and loss of earning capacity in the amount of $[________________];

d. Past and future physical pain and suffering;

e. Past and future mental anguish and emotional distress;

f. Loss of enjoyment of life;

g. Permanent disability and/or disfigurement;

h. [________________________________];

i. All other damages recoverable under general maritime law.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. Accept jurisdiction over this matter pursuant to 28 U.S.C. § 1333;

B. Enter judgment in favor of Plaintiff and against Defendant;

C. Award Plaintiff compensatory damages in an amount to be proven at trial;

D. Award Plaintiff pre-judgment and post-judgment interest at the legal rate;

E. Award Plaintiff costs of suit and such attorneys' fees as may be recoverable under applicable law;

F. Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[________________________________]
Attorney for Plaintiff
Bar No.: [________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Date: [__/__/____]

VERIFICATION

STATE OF [________________________________]
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, depose and state that I am the Plaintiff in the above-captioned action, that I have read the foregoing Complaint, and that the statements contained therein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters, I believe them to be true.

______________________________________
[Plaintiff's Signature]

Subscribed and sworn to before me this [____] day of [________________], 20[____].

______________________________________
Notary Public
My Commission Expires: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Complaint was served upon the following by [☐ U.S. Mail] [☐ Hand Delivery] [☐ Electronic Filing]:

[________________________________]
[________________________________]
[________________________________]

______________________________________
[Attorney Signature]

PRACTICE NOTES

Statute of Limitations: General maritime personal injury claims are subject to a three (3) year statute of limitations under the doctrine of laches. 46 U.S.C. § 30106.

Admiralty Jurisdiction Requirements:

1. Locality Test: The tort must occur on navigable waters
2. Connection Test: (a) potential disruptive impact on maritime commerce; (b) substantial relationship to traditional maritime activity

Comparative Fault: Maritime law applies pure comparative fault principles.

SOURCES AND REFERENCES

• 28 U.S.C. § 1333 (Admiralty Jurisdiction): https://www.law.cornell.edu/uscode/text/28/1333
• Federal Rules of Civil Procedure Rule 9(h): https://www.law.cornell.edu/rules/frcp/rule_9
• Supplemental Rules for Admiralty Claims: https://www.law.cornell.edu/rules/frcp/title_XIII