The waters of the Gulf Coast are shared by a diverse array of vessels, including those owned and operated by the United States government. From Coast Guard cutters and Navy ships to Army Corps of Engineers dredges and NOAA research vessels, these “public vessels” play vital roles.
However, when an accident involving a government vessel causes injury or property damage, pursuing compensation involves a distinct and highly specialized area of federal law: the Public Vessels Act (PVA). Suing the U.S. government presents unique legal hurdles, but it is possible with the right legal team.
If you or a loved one has been injured by a public vessel on the Gulf Coast or anywhere nationwide, our experienced Public Vessels Act Lawyers are prepared to navigate these complex claims and fight for the justice you deserve.
The Public Vessels Act (46 U.S.C. § 31101 et seq.), originally enacted in 1925, is a federal statute that allows private citizens to sue the United States government for damages caused by public vessels.
Historically, the legal principle of “sovereign immunity” prevented citizens from suing the government without its consent. This meant that if a government-owned vessel caused an injury, victims often had no legal recourse. The PVA, along with its companion statute, the Suits in Admiralty Act (SAA), serves as a crucial waiver of this immunity, allowing individuals to seek compensation from the U.S. government for maritime torts.
Under the PVA, a “public vessel” is generally defined as any vessel that is owned by, operated by, or chartered to the United States and is engaged in public service. This can include a wide range of government-owned watercraft, such as:
The PVA applies when a public vessel is at fault for causing personal injury, death and property damage.
This can occur whether the vessel is on the high seas, in navigable waters, or even if the injury or damage is “done or consummated on land” but caused by the vessel (as extended by the Admiralty Extension Act). The PVA is a fault-based statute, meaning you must prove that the public vessel’s negligence or unseaworthiness caused the harm.
The PVA generally allows private citizens to sue the U.S. government for harm caused by its vessels, with some important distinctions regarding federal employees.
Any private citizen who is injured by a public vessel, such as a recreational boater involved in a collision with a Coast Guard vessel, or a swimmer struck by an Army Corps of Engineers workboat, can file a claim under the PVA. Property owners whose docks, piers, or other property are damaged by a public vessel also fall under PVA’s scope.
Private contractors, longshoremen, and other maritime workers who are not direct federal employees but are injured by a public vessel may also bring a PVA claim. For example, a longshoreman injured on the dock by a Navy supply ship’s crane could pursue a PVA claim against the government if the ship’s negligence or unseaworthiness caused the injury.
It’s critical to understand that the PVA generally does not apply to direct federal employees (e.g., active-duty military personnel, civilian federal employees). These individuals are typically covered by the Federal Employees’ Compensation Act (FECA), which is a different federal workers’ compensation system providing specific benefits without needing to prove fault. If you are a federal employee, your claim typically falls under FECA, not the PVA.
The PVA covers a wide array of maritime incidents involving government vessels that result in harm.
The PVA allows claims based on traditional maritime tort principles, including:
Beyond personal injuries, the PVA also covers damage to private property, such as:
Suing the U.S. government under the Public Vessels Act is a complex undertaking that differs significantly from suing a private entity. The government has specific rules and procedures that must be strictly followed.
Before you can file a lawsuit in federal court under the PVA, you must first present an administrative claim in writing to the specific government agency owning or operating the vessel that caused the harm. There’s usually a six-month waiting period after filing this claim before a lawsuit can be commenced, unless the claim is denied earlier.
The PVA (and SAA) imposes a strict two-year statute of limitations from the date of the incident. This is shorter than the three-year limit for many other maritime claims. Because of the mandatory six-month administrative claim period, you effectively have only about 18 months from the incident date to file your administrative claim and then prepare for the lawsuit if a settlement isn’t reached.
Under the PVA (and SAA), claims against the U.S. government are heard in federal court before a judge, without a jury. This “bench trial” means the judge determines both the facts and the law, which can significantly impact litigation strategy.
Dealing with federal agencies, their internal investigators, and government attorneys can be a daunting process. They have vast resources and strict protocols. An experienced attorney is crucial to navigate this bureaucracy effectively.
Due to the stringent requirements and unique nature of suing the U.S. government, legal representation is not just advisable—it’s essential for a successful outcome.
Our attorneys are highly experienced in federal admiralty court procedures, ensuring that all procedural hurdles, administrative requirements, and filing deadlines are met precisely.
We meticulously investigate the incident, gather all available evidence (including government records, logs, and internal reports), and work with maritime experts to prove that the public vessel’s negligence or unseaworthiness caused your injuries or damages.
While compensation under the PVA is typically limited to actual damages (medical expenses, lost wages, pain and suffering, property damage), securing the full amount requires skilled advocacy. We are adept at valuing these claims and negotiating fiercely with government representatives.
Seek immediate medical attention. Then, contact an experienced Public Vessels Act lawyer right away. They will help you begin the critical process of notifying the proper government agency with a formal administrative claim, which is a mandatory prerequisite to filing a lawsuit.
You generally have two years from the date of the incident to file a lawsuit. However, you must first present an administrative claim to the relevant government agency, and typically, you cannot file suit until six months have passed since that claim was submitted (unless it’s denied sooner). This effectively shortens your window to initiate the administrative process.
No. Claims brought under the Public Vessels Act are heard by a federal judge without a jury. This means the judge will decide both the facts and the law in your case.
Generally, no. Direct federal employees injured on the job are typically covered by the Federal Employees’ Compensation Act (FECA), a separate federal workers’ compensation system. The PVA is for private citizens and certain non-federal contract workers.
You can recover “actual damages” for your losses, which typically include medical expenses, lost wages, pain and suffering, and property damage. However, certain types of damages, like punitive damages, are generally not recoverable when suing the government.
An injury or property damage caused by a U.S. government vessel can be a frustrating and intimidating experience. While sovereign immunity once blocked such claims, the Public Vessels Act now provides a path to justice. However, navigating the strict procedures, tight deadlines, and unique challenges of suing the U.S. government requires specialized legal expertise.
At our firm, our Gulf Coast Public Vessels Act Lawyers have a proven track record of successfully representing individuals against federal agencies. We are dedicated to cutting through the bureaucracy, proving negligence, and fighting tirelessly to secure the maximum compensation you deserve.
