Jones Act & Unseaworthiness Ch. 9

Question 1

Possible elements of recovery under Jones Act OR unseaworthiness:

Answer 1

o Compensatory damages
o Pain & suffering
o Lost future wages
o Past & future medical expenses
o Pre-judgment interest
       Focused on the money/wages you would have received if not for the incident that required you to defend your case prior to a judgment.

Question 2

Who is a duty of seaworthiness owed to?

Answer 2

Only a Jones Act Seaman

Question 3

Determining whether a vessel is reasonably fit

Answer 3

a. Is the danger/defect/condition unreasonable?
i. Is it necessary?
ii. Is it normal?
iii. Is it inevitable?
b. Negligence is not required to show unseaworthiness, just notice. See. Mitchell v. Trawler Racer

Question 4

Seaworthiness Defined

Answer 4

i. Vessel must be fit place to live and work.
- Duty extends to equipment, even as to such equipment brought aboard by Third-Persons
- Must only be seaworthy while it’s in navigation

Question 5

How to Bring an Unseaworthiness claim?

Answer 5

a. Same as for maintenance and cure

b. Unseaworthiness claims must be joined with the
Jones Act claim or be waived. (no double recovery)

c. When brought as an admiralty claim and joined with a Jones Act claim where a jury is sought, a seaman is entitled to a jury trial of the unseaworthiness claim as well.

Question 6

Damages to be Recovered Under Unseaworthiness Claim

Answer 6

• Only pecuniary

- No loss of society (Miles v. Apex Marine)

Question 7

Negligence Under Jones Act

Answer 7

a. Provides a seaman with a cause of action against his employer resulting from the negligence of any of the officers, agents, or employees of such carrier.
i. This makes up for Chelentis v. Luckenbach
ii. This may be satisfied if the act of the negligent employee was in the furtherance of, or in an attempt to further the employee’s business

b. There is no In Rem action, unlike for unseaworthiness claims
c. If claim is brought in State Court can’t be removed

d. You can elect a jury trial
e. 3 Year statute of limitations
f. Right of action survives to personal representative

Question 8

Application of Jones Act

Answer 8

a. Jones Act claim good only against seaman’s employer
b. Applies if Seaman is injured or killed in the course of his employment
c. Violation of a statute by a Jones Act employer constitutes negligence per se if the violation contributes in fact to the injury, even though the statute was not designed to prevent harm to that victim
i. Seaman’s contributory negligence may not reduce recovery if the statute was enacted for the safety of employees

Question 9

Test for Breach of Duty & Causation

Answer 9

i. Employer owes a high duty of care
ii. Liable if negligence plays any part in bringing about the seaman’s injuries “Featherweight Causation Requirement”
iii. Breach of duty and causation are usually jury questions

Question 10

Procedurally, where can a Jones Act claim be filed?

Answer 10

-Admiralty-no jury

-Federal Court, as a federal question on the act-can try under a jury
o Conversely, does the defendant have a right to a jury trial?
• This might be more attractive to a defendant, in hopes that they might somehow be able to convince the jury for a more favorable finding of comparative negligence. Whereas a judge would like complete a package ruling that is straight-forward and not subject to appeal.

-State Court-under the “Savings to Suitors” Clause–can try under a jury