Maritime Law Maritime Personal Injury and the Jones Act 2

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:

Accepted Answer

Beyond 3 nautical miles from the shore of the United States

Answer

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:

Accepted Answer

Nonpecuniary damages such as loss of society are not recoverable under the Jones Act or general maritime law

Answer

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?

Accepted Answer

33 U.S.C. § 905(b)

Answer

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:

Accepted Answer

Turn over the vessel in a reasonably safe condition and intervene when a known hazard is observed

Answer

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:

Accepted Answer

The employer is liable even if the negligence was that of a fellow crew member

Answer

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.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law Maritime Personal Injury and the Jones Act 2