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...
unseaworthiness
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...
Schooner Accidents
An injury aboard a commercial schooner is subject to the admiralty law of maritime personal injuries. That means whether the ship (or owner) is liable for the injury depends in large part on the status of the injured person. Was the injured person a paid crewmember,...
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...
Strange Facts, Great Case
Sometimes strange facts can add up to a great case. The facts can be legal. For example, early in my career I represented a truck driver client who had been badly injured when heavy cases fell on him when he opened the rear doors of the semi. The company that loaded...
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...
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...