01Location is necessary but may not be sufficient
The modern maritime tort test ordinarily examines whether the incident occurred on navigable water, or whether a vessel on navigable water caused injury on land.
It also examines the incident’s potential effect on maritime commerce and the relationship of the activity to traditional maritime activity.
02A dock or structure can complicate the locality question
A floating dock, vessel-mounted gangway, fixed pier, bridge, terminal, seawall, and marina building may receive different treatment.
Photograph attachment points, flotation, movement, utility connections, ownership, maintenance, and how the injury related to the vessel.
03Choice of law affects duties and remedies
Maritime comparative fault, damages, wrongful-death rules, passenger duties, worker statutes, limitation proceedings, and contractual defenses may differ from state law.
The jurisdictional analysis should occur before pleadings, releases, or deadlines are handled as though the matter were an ordinary land injury.