Maritime Law Information (Jones Act Cases)
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What is Maritime Law?
The maritime law known as the Jones Act was passed by the United States Congress to protect injured seaman who may or may not be otherwise covered by maritime law. Offshore workers, merchant seamen, and others often use the term “maritime law” when referring to the Jones Act. For purposes of this article “maritime law” and "Jones Act are synonymous.
Maritime law covers legal affairs and dealings between ship owners, crewmembers, passengers and cargoes on the high seas and other navigable waters. The U.S. Constitution grants federal judicial power to all maritime law cases. The Judiciary Act of 1789 gave the federal district courts exclusive jurisdiction in maritime law cases and made the Supreme Court the final arbiter of admiralty law disputes. State courts are still allowed to hear some admiralty law cases.
Maritime law originated from ancient customs of early Mediterranean seafaring nations. The earliest maritime law is said to have influenced the Roman legal system. Because the fundamental dangers of seafaring have never changed, today’s maritime law is a mixture of ancient rules and new laws. In fact, the time-honored principles of “maintenance and cure” are still used today.
Who is covered under the Jones Act/Maritime Law?
Seamen who are injured on sea going vessels on navigable waters and offshore oil rigs that can be towed and are not permanently affixed to the ocean floor are covered under maritime law. Whether you are a seaman, an officer, a harbor pilot, an oil worker, a technician, a helicopter pilot, work on a tugboat, casino boat, barge, ship, supply boat, semi-submersible drilling rig, jack-up drilling rig or if you become injured on or near the water, you should talk to a maritime law attorney before making a claim or as soon as possible thereafter.
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The term “seaman” is very broad under maritime law. It was the intention of Congress, in passing laws to protect seamen, to include all seamen hired to serve on board a vessel. Federal courts have determined that the term “seaman”:
- Extends to all persons employed on a vessel to assist in the main purpose of the voyage.
- Extends to all persons whose duties are maritime in character and rendered on vessels engaged in commerce or trade, in navigable waters.
- Includes anyone employed on a vessel to which an American corporation holds legal title and which another American corporation operates under demise charter.
- Shall include persons who otherwise might be deemed not to be a seamen; it includes some that might otherwise be excluded; it does not take anyone out who would otherwise be there
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Jones Act – Causation and Damages
When dealing with the question of causation in cases arising under the Jones Act or F.E.L.A, courts either applied the common-law concept of proximate cause or, at least, in no way indicated that the tests of causation under these acts departed from the common-law tests.
In a landmark case, commonly referred to as the Rogers Case, (a case not squarely dealing with the tests of causation, but primarily directed to the question, “Under what circumstances is a [Jones Act] FELA case submissible to the jury regarding both the employer’s negligence and on the issue of causation”) the Supreme Court ruled that:
The test of a jury case “is simply whether the proofs justify with reason the conclusion that employer’s negligence played any part, even the slightest, in producing the injury or death for which damages are sought.” Rogers v. Missouri Pacific R. Co., 352 US 500 (1957).
This rule has been interpreted as definitely either departing from or eliminating in total the common-law concept of proximate cause. The Rogers Rule deals with causation as well as negligence and has been followed by federal and state courts. It is equally applicable in cases arising under the Jones Act.
It seems the doctrine of “Last Clear Chance” is NOT applicable 3 A.L.R. Fed 203
The doctrine of Res Ipsa Loquitur is applicable in FELA and Jones Act actions. Id.
Damages – What compensation can a seaman pursue?
Damages for loss of society are unavailable in a wrongful death cause of action. Miles v. Apex Marine Corp., 498 U.S. 19 (1990)
PAIN & SUFFERING UNDER JONES ACT: Non-economic losses are sometimes referred to simply as “pain and suffering”. These damages are more difficult to put a value on than those discussed above. Our courts recognize that jurors can take into account their own common sense and experiences in evaluating what pain and suffering might be worth for a back surgery or the loss of a leg, for example. In addition to the physical pain and suffering, injured workers suffer a psychological loss sometimes referred to as the loss of enjoyment of life. A serious injury may prevent a railroad worker from being able to play with and fully nurture his or her children. It may end the ability to enjoy recreation such as waterskiing or hunting and fishing. All of these losses are significant and are compensable under JONES ACT.
CONTRIBUTORY NEGLIGENCE: Any damage award can be reduced by the amount of contributory negligence, if any, attributed to an injured person. If a SEAMAN employee is found to be 10 percent at fault for their injury, the total damages are calculated and then reduced 10 percent. For example, if we assume the total damages in a case are $100,000, a 10% reduction would result in a final award of $90,000. We work diligently to counter any contributory negligence argument by the SEAMAN’S COMPANY, thus ensuring a larger settlement for the injured Seaman.
SEAMAN DEATH: In event of a death, the spouse and family members are entitled to award for the pecuniary losses that they have suffered as well as for any pain and suffering the individual faced up until the time of death. Pecuniary is a legal term referring to measurable dollar losses. These include the amount of money that the deceased worker would have contributed to the family through the course of life had it continued. It also includes the value of aid, comfort and counseling to minor children. These are very special damages and often require significant expertise to ensure the family is fairly provided for.
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