Wrongful Death/DOHSA-Chapter 11

Question 1

3 Statutory Arrangements for Wrongful Death

Answer 1

1. The Jones Act
2. Death on the High Seas Act (DOHSA)
3. Longshoreman and Harbor Works Compensation Act (LHWCA)

Question 2

DOHSA

Answer 2

In a response to the ruling in “The Harrisburg” (where there was no tort recovery for death unless expressly provided for) congress passed DOHSA.

a. Anyone who dies while out at sea due to the actions of another can sue.
b. If the death were to occur on any seas of a state, that state’s wrongful death remedies would presumably cover them.

Question 3

Attributes of DOHSA

Answer 3

a. Covers death if occurs on “high seas” beyond a marine league
i. does not cover tort causing death on territorial waters or inland waters
ii. Non-seaman families could borrow applicable state wrongful death statute. Families of seaman were limited to Jones Act, the “exclusive remedy against the employer”
b. No recovery for loss of society, only pecuniary damages

Question 4

Anomalies of DOHSA

Answer 4

a. If unseaworthiness caused seaman’s injury on high seas beneficiaries could recover under DOHSA
i. If it occurred on territorial waters no recovery

b. Survivors of one neither, a “seaman” nor a “longshoreman” could recover under DOHSA if accident was on high seas
i. If not on high seas, then no recovery

Question 5

Where can the claim be brought?

Answer 5

Exclusively in Federal Admiralty Court

i. No jury unless joined with Jones Act

Question 6

Importance of Moragne Case

Answer 6

a. “The Court’s opinion in The Harrisburg acknowledged that the result reached had little justification except in primitive English legal history –a history far removed from the American law of remedies for maritime death.”

AKA-There is something inherently wrong with denying individuals a remedy for wrongful death strictly because of territoriality.

Question 7

Development of General Maritime Law Wrongful Death Remedy, per Moragne

Answer 7

Prior to this, a Jones Act seaman only had remedy for wrongful death; however, only for negligence, not unseaworthiness. Now, the court implies a remedy for wrongful death due to unseaworthiness as well.

Question 8

Wrongful Death for “Non-Seafarer”

Answer 8

Moragne decision was designed to be the remedy for wrongful death actions that occur on territorial waters, but is not intended to be the exclusive remedy for the death of a non-seafarer. Therefore, the decedents can still apply the remedies provided by the appropriate state’s wrongful death actions.