Maritime Law Maritime Personal Injury and the Jones Act

Question 1

The Jones Act (46 U.S.C. § 30104) allows a 'seaman' to sue their employer for negligence in which court?

Accepted Answer

Federal or state court of the seaman's choosing

Answer

Only U.S. federal district court in admiralty

Answer

The U.S. Court of Federal Claims only

Answer

Only the court in the state of the vessel's home port

Question 2

Under the Jones Act, the standard of causation required to establish employer negligence is:

Accepted Answer

The employer's negligence played any part, even the slightest, in causing the injury

Answer

The employer's negligence was the proximate cause of the injury

Answer

The employer was more than 50% responsible for the injury

Answer

The employer's conduct was reckless or wanton

Question 3

To qualify as a 'seaman' entitled to Jones Act protection, a worker must satisfy which test established in Chandris v. Latsis?

Accepted Answer

Contribute to the vessel's function and spend 30% or more of working time aboard a vessel in navigation

Answer

Work permanently aboard a single named vessel

Answer

Hold a U.S. Merchant Marine credential

Answer

Be employed directly by the vessel owner, not a crewing agency

Question 4

What remedy does the doctrine of 'maintenance and cure' provide to an injured or ill seaman?

Accepted Answer

Daily living expenses (maintenance) and medical treatment costs (cure) until maximum medical improvement

Answer

Full wages for the remainder of the voyage plus a pain and suffering award

Answer

A lump-sum settlement equal to one year's wages

Answer

Workers' compensation benefits under the Longshore Act

Question 5

The remedy of 'unseaworthiness' available to seamen under admiralty law imposes what standard of liability on the vessel owner?

Accepted Answer

Strict liability — the owner is liable regardless of negligence if the vessel or equipment is not reasonably fit for its intended purpose

Answer

Negligence per se for violation of a Coast Guard regulation

Answer

Comparative fault proportional to each party's contribution

Answer

Gross negligence amounting to willful disregard of seaman safety

Question 6

The Longshore and Harbor Workers' Compensation Act (LHWCA, 33 U.S.C. § 901 et seq.) provides workers' compensation coverage to:

Accepted Answer

Maritime workers who are not seamen, performing work on navigable waters or in adjoining areas

Answer

All maritime workers including seamen aboard vessels

Answer

Dock workers covered by state workers' compensation only

Answer

Offshore oil platform workers under the Outer Continental Shelf Lands Act exclusively