Maritime Law Maritime Personal Injury and the Jones Act 2 — Questions and Answers
Question 1: Under the Death on the High Seas Act (DOHSA, 46 U.S.C. § 30301), a wrongful death action may be brought when a death occurs:
- Beyond 3 nautical miles from the shore of the United States (Correct answer)
- Anywhere on navigable waters including inland rivers
- In a foreign port during shore leave
- Aboard any vessel operating under a U.S. flag
Correct answer: Beyond 3 nautical miles from the shore of the United States
DOHSA applies to deaths occurring on the high seas beyond 3 nautical miles from U.S. shores, and limits recovery to pecuniary (economic) losses of the decedent's survivors.
Question 2: The Supreme Court's decision in Miles v. Apex Marine Corp. (1990) limited recovery in seaman wrongful death cases by holding:
- Nonpecuniary damages such as loss of society are not recoverable under the Jones Act or general maritime law (Correct answer)
- Punitive damages are capped at the vessel's insured value
- State law wrongful death statutes preempt maritime claims for vessel-based workers
- Seamen's survivors must elect between Jones Act and DOHSA recovery
Correct answer: Nonpecuniary damages such as loss of society are not recoverable under the Jones Act or general maritime law
Miles established the uniformity principle, holding that nonpecuniary losses like loss of society are not recoverable in wrongful death suits by seamen under the Jones Act or general maritime law.
Question 3: Under the LHWCA, a longshoreman injured by a vessel's negligence may pursue a third-party negligence claim against the vessel owner under which section?
- 33 U.S.C. § 905(b) (Correct answer)
- 33 U.S.C. § 903 (compensation schedule)
- 46 U.S.C. § 30104 (Jones Act)
- 33 U.S.C. § 908 (disability classification)
Correct answer: 33 U.S.C. § 905(b)
LHWCA § 905(b) permits a longshoreman who has received LHWCA benefits to sue a vessel owner (as a third party) for negligence under the standards set in Scindia Steam Navigation Co. v. De Los Santos.
Question 4: The 'Scindia duties' imposed on vessel owners toward longshoremen under LHWCA § 905(b) include the duty to:
- Turn over the vessel in a reasonably safe condition and intervene when a known hazard is observed (Correct answer)
- Guarantee absolutely safe conditions throughout all cargo operations
- Provide OSHA-compliant safety equipment to longshoremen
- Ensure longshoremen are trained by the stevedore company
Correct answer: Turn over the vessel in a reasonably safe condition and intervene when a known hazard is observed
Scindia Steam Navigation Co. v. De Los Santos established three duties: safe turnover of the vessel, warning of hidden dangers, and a duty to intervene when the vessel operator observes an unreasonably dangerous condition.
Question 5: The 'fellow servant rule' in Jones Act cases differs from common law in that under the Jones Act:
- The employer is liable even if the negligence was that of a fellow crew member (Correct answer)
- The employer is never liable for acts of crew members below the rank of mate
- Contributory negligence of a fellow seaman is a complete defense
- Crew member negligence is attributed only to the vessel, not the employer
Correct answer: The employer is liable even if the negligence was that of a fellow crew member
The Jones Act abolished the fellow servant defense — the employer is liable for the negligent acts of any fellow crew member that injure the seaman, following the FELA model.
Question 6: A seaman who is willfully injured or whose injury results solely from their own intoxication may have which remedy affected?
- Maintenance and cure may be forfeited for willful misbehavior or intoxication causing the injury (Correct answer)
- The Jones Act claim is automatically barred
- The unseaworthiness claim is reduced proportionately
- LHWCA coverage replaces Jones Act remedies in such cases
Correct answer: Maintenance and cure may be forfeited for willful misbehavior or intoxication causing the injury
While maintenance and cure is a near-absolute right, a seaman can forfeit it by willful misbehavior or by being injured solely through their own intoxication.
Maritime Law Maritime Personal Injury and the Jones Act 2
Under the Death on the High Seas Act (DOHSA, 46 U.S.C. § 30301), a wrongful death action may be brought when a death occurs: