When a person is killed on the “high seas” due to a wrongful act, federal law provides a remedy in the Death on the High Seas Act, 46 U.S.C. §30302. “High seas” is generally defined as beyond the territorial waters of any of the fifty states, that is, 12 miles or more...
maritime personal injury
The Jones Act Plaintiff (For Lawyers)
The remedies available to an injured seaman are three: so-called Jones Act negligence, the common law tort of Unseaworthiness, and Maintenance and Cure, the recovering seaman’s ancient right to a stipend and medical care. Each has low hurdles to establishing...
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...
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...
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...
Jones Act Negligence, Unseaworthiness, and Other Seamen’s Personal Injury Remedies
Hurt on land, working for some land-bound contractor, factory or shop, and chances are you will look to worker’s compensation law to pay for your care and lost wages. Working at a shipyard, and your relief comes in the form of the federal Longshore and Harborworkers...