An article published by a reputable news organization reported on a boat striking a swimmer in Tomales Bay, California, a portion of the Pacific Ocean. The article discussed state law, the implication being that state law applies: it does not. Admiralty law - general maritime law applies because the loss occurred on navigable waters of the United States (a codified term of art used in analyzing jurisdiction; see, 33 CFR, Part 229.) Had the accident occurred on a California Lake (but not Lake Tahoe), state law would have applied because lakes that do not constitute any part of a state boundary line are not “navigable” under Part 329. Instead Harbors & Navigation Code, including statute 656 would apply.

Since the GML applies, an effecting vector to start liability analyses would be 33 CFR Part 83 - Navigation Rules.

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Wishing you smooth sailing, Arnold Berschler. 



This entry has been created for information and planning purposes.

It is not intended to be, nor should it be substituted for, legal

advice, which turns on specific facts.