jones act

Covid and the Jones Act

Covid and the Jones Act

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...

A Bad Way to Lose a Case

Suppose you were hurt in a shipboard or fishing boat accident and have a Jones Act (or Unseaworthiness) claim. You message your girlfriend from the hospital and tell her all about it – there’s a long thread of detailed messages, you telling what happened, maybe saying...

The Jones Act Plaintiff

This is a long piece I wrote for a legal journal, not for the general audience, but it has a lot of solid information all the same. The Jones Act Plaintiff  The remedies available to an injured seaman are three: so-called Jones Act negligence, the common law tort of...

For Want of a Nail

Not long ago a case with an interesting and instructional fact pattern came my way. My client, “Ted”, was an older man who lived, with his wife and grandson, in a rented house. One day roofers showed up, tore off the existing metal drip edge, and in a day or two had a...

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...

Crew Agreements? Yes, crew agreements.

Yes, crew agreements. Federal law requires that the owner of a fishing vessel sailing from a U.S. port and of 20 gross tons or over must have a written employment agreement with each seaman. The agreement must state the effective dates of the agreement, and “the terms...

Loss of the El Faro

The most poignant detail of the El Faro foundering was, to me, the bashed up lifeboat found floating. Lifeboats are strongly attached to their ships and are unlikely to break free even in very heavy weather, so it appears the crew tried to launch this lifeboat, in 130...

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