The definition of "vessel" under maritime law is extremely important

Many times, whether a matter or claim is "in admiralty"depends on whether it has a sufficient relationship to a "vessel." For instance, an injured seafarer may qualify as a "seaman" only if his employment has the requisite connection with a "vessel." This seaman status allows the seaman to gain the benefits of maintenance and cure, the Jones Act, and the warranty of seaworthiness.

Unfortunately, there is no settles definition of the term vessel. This is frequently a litigated issue on offshore oil rig accidents. There are many types of oil rigs in the Gulf of Mexico--fixed rigs, drill ships, SPARS, tension leg platforms, etc. Some may be considered vessels, while some may not.

The United States Congress has defined "vessel" as including "every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water." 1 U.S.C.A. Section 3. The United States Supreme Court has defined vessels as "all navigable structures intended for transportation." Cope v. Vallette Dry-Dock Co. (S.Ct. 1887). It has been said in a great admiralty law treatise that "perhaps the best approximation [of a test] would be to say that the term ‘vessel’ is applied to floating structures capable of transporting something over the water." Grant Gilmore & Charles L. Black, Jr., The Law of Admiralty 33 (2d ed. 1975).

The United States Fifth Circuit Court of Appeals (covering Texas, Louisiana and Mississippi), which gets most of the offshore oil and gas production cases, has generally settled on a test which looks to "the purpose for which the craft is constructed and the business in which it is engaged." Blanchard v. Gas Compressor Servs., Inc. (5^th Cir. 1978). The Fifth Circuit places importance on such circumstances as the manner in which the structure is attached to the shore or the ocean bottom, whether it is registered and equipped for navigation, and the extent to which it is moved. See Ducrepont v. Baton Rouge Marine Enters., Inc. (5^th Cir. 1989).

If you have questions regarding offshore oil rig accidents, please contact Scott Nelson, representing Galveston, Corpus Christi, Brownsville, and the entire coast of Texas in maritime matters.