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. The Jones Act and Unseaworthiness each have...
pain and suffering
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...
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...