A seaman covered by the Jones Act contracts Covid from another crewmember and suffers long term illness (long Covid). Is the ship liable to the sailor, under either the Jones Act or the Unseaworthiness doctrine? Here’s a brief recap of the remedies available to an...
damages
Recreational Boating Injuries
When I was a kid, the brother of a friend got tossed from his 13 foot Boston Whaler, the boat spun around, ran him over, and he ended up a truly spectacular series of scars up his back and a metal plate in his skull. Ouch. Injuries, damage and death are way up for...
Covid and the Mariner
COVID and the MarinerA seaman covered by the Jones Act contracts Covid from another crewmember and dies. Is the ship liable to the sailor’s estate, under either the Jones Act or the Unseaworthiness doctrine? Here’s a brief recap of the remedies available to an injured...
Damaged, Part Two – Damages Recoverable in a Personal Injury Lawsuit
Last month I described the elements of an injury case: duty, breach of the duty, damages, and a sufficiently direct link between the damages and the breach. This column will focus on what kinds of damages a claimant can recover. The great majority of injury cases can...
Damaged – A personal injury action requires that four elements be present
Every few months I get a call from someone who, due to another's carelessness, had a very close call and was almost badly hurt. "I could have been killed", they tell me, and, and I'm getting the call because they want to sue. A personal injury action requires that...