Maritime Personal Injury and the Jones Act Flashcards
6 cards from real Maritime Law practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Maritime Personal Injury and the Jones Act flashcards as text
The Jones Act (46 U.S.C. § 30104) allows a 'seaman' to sue their employer for negligence in which court?
Answer: Federal or state court of the seaman's choosing
The Jones Act gives seamen the right to sue their employer for negligence in either federal or state court, and the seaman may also demand a jury trial.
Under the Jones Act, the standard of causation required to establish employer negligence is:
Answer: The employer's negligence played any part, even the slightest, in causing the injury
The Jones Act uses the FELA 'featherweight' causation standard — the employer's negligence need only play any part, however slight, in producing the seaman's injury.
To qualify as a 'seaman' entitled to Jones Act protection, a worker must satisfy which test established in Chandris v. Latsis?
Answer: Contribute to the vessel's function and spend 30% or more of working time aboard a vessel in navigation
Chandris v. Latsis (1995) established the 30% rule — a worker must spend at least 30% of working time aboard a vessel or identifiable group of vessels in navigation to qualify as a seaman.
What remedy does the doctrine of 'maintenance and cure' provide to an injured or ill seaman?
Answer: Daily living expenses (maintenance) and medical treatment costs (cure) until maximum medical improvement
Maintenance and cure is an ancient maritime remedy obligating the shipowner to provide the seaman with daily living expenses and medical care until maximum medical improvement (MMI) is reached, regardless of fault.
The remedy of 'unseaworthiness' available to seamen under admiralty law imposes what standard of liability on the vessel owner?
Answer: Strict liability — the owner is liable regardless of negligence if the vessel or equipment is not reasonably fit for its intended purpose
Unseaworthiness imposes strict liability — the shipowner warrants the vessel is reasonably fit for its intended use, and any breach resulting in injury creates liability regardless of whether the owner was negligent.
The Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.) provides workers' compensation coverage to:
Answer: Maritime workers who are not seamen, performing work on navigable waters or in adjoining areas
The LHWCA covers non-seaman maritime workers such as longshoremen, ship repairers, and harbor workers who perform work on or adjacent to navigable waters.