Personal Injury, Wrongful Death & Seaman Status Ch. 7

Question 1

Consequence of Seaman Status

Answer 1

Determines whether a person is entitled to recover under three distinct maritime remedies: Collectively referred to as “the holy trinity”.

Oftentimes, there are more remedies for someone who can qualify as a “seaman”.

Question 2

The Jones Act

Answer 2

Right to sue for recovery against employer for negligence of employer that caused the employee harm.
1. While Jones Act is an act of Congress that grants employees this power, it does not go on to decide who is and is not a “seaman”. Therefore, still requiring work of the judiciary to make a determination of this status.

Question 3

Two Essential Requirements for Seaman Status

Answer 3

1. Employee’s duties must substantially contribute to the functioning of the vessel.
2. At least 30% of service is spent on vessel.

Question 4

Why is Seaman status important?

Answer 4

1. Entitled to recover under the Jones Act
2. Injured Seaman may seek a remedy at law with a right to a jury
3. Seaman is owed by employer warrantee that vessel is seaworthy
4. Seaman is entitled to remedy of maintenance and cure
5. If a Seaman gets sick or injured he’s entitled to:
   a. health costs until fit
   b. living costs until fit

Question 5

Robison Test/Issue

Answer 5

Can still be considered a seaman without being an employee who contributes to the navigation of the vessel.

Question 6

Rule from Bisso

Answer 6

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