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

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.

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 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.

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

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.

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

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.

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

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.

Maritime Law Practice Test

Maritime Law Practice Test

Maritime Law Maritime Personal Injury and the Jones Act