Maritime Law Shipping and Maritime Law 4 — Questions and Answers
Question 1: Under the Jones Act (46 U.S.C. § 30104), a seaman may sue the employer for negligence and:
- Is limited to maintenance and cure only
- May recover damages for pain, suffering, and lost wages with contributory negligence reducing but not barring recovery (Correct answer)
- Must arbitrate the claim under the collective bargaining agreement
- Is barred from suit if the injury occurred on foreign waters
Correct answer: May recover damages for pain, suffering, and lost wages with contributory negligence reducing but not barring recovery
The Jones Act allows injured seamen to sue employers for negligence, with contributory negligence reducing recovery proportionally under a comparative fault system rather than barring the claim.
Question 2: What is the 'Longshore and Harbor Workers' Compensation Act' (LHWCA) primarily designed to cover?
- Seamen injured on the high seas
- Maritime workers (longshoremen, harbor workers) who are not seamen but work on navigable waters (Correct answer)
- Vessel owners in cargo damage disputes
- Port authorities in regulatory enforcement actions
Correct answer: Maritime workers (longshoremen, harbor workers) who are not seamen but work on navigable waters
The LHWCA provides workers' compensation benefits to maritime workers who load, unload, build, or repair vessels but do not qualify as 'seamen' under the Jones Act.
Question 3: In a 'bareboat' or 'demise' charter, who assumes operational and legal responsibility for the vessel?
- The original shipowner retains full control
- The charterer becomes the owner pro hac vice and assumes full operational responsibility (Correct answer)
- A third-party ship manager is appointed
- Responsibility is split 50/50 between owner and charterer
Correct answer: The charterer becomes the owner pro hac vice and assumes full operational responsibility
In a demise (bareboat) charter, the charterer takes complete possession and control, becoming the owner pro hac vice (for the time being), responsible for crew, operations, and liabilities.
Question 4: The 'arrest' of a vessel in US admiralty law allows a claimant to:
- Detain the vessel captain pending criminal charges
- Seize the vessel as security for a maritime claim until the claim is resolved or security posted (Correct answer)
- Inspect the vessel for regulatory compliance
- Impound the vessel's cargo only, not the vessel itself
Correct answer: Seize the vessel as security for a maritime claim until the claim is resolved or security posted
Vessel arrest in admiralty law is a remedy that seizes the vessel as security for a maritime claim, compelling the owner to post a bond or letter of undertaking to free the vessel.
Question 5: Under SOLAS (Safety of Life at Sea), what is the primary international standard for vessel safety?
- Minimum crew wage requirements
- Minimum safety standards for ship construction, equipment, and operation (Correct answer)
- Maximum cargo weight limits for all vessel types
- Pollution prevention standards for oil tankers only
Correct answer: Minimum safety standards for ship construction, equipment, and operation
SOLAS establishes minimum international standards for ship construction, equipment, and operations to ensure safety at sea, administered through the International Maritime Organization (IMO).
Question 6: What does 'P&I insurance' (Protection and Indemnity) primarily cover for shipowners?
- Hull and machinery damage
- Third-party liabilities including crew injuries, cargo claims, collision liability, and pollution (Correct answer)
- Loss of hire during vessel repairs
- War risks and piracy
Correct answer: Third-party liabilities including crew injuries, cargo claims, collision liability, and pollution
P&I insurance covers shipowners' third-party liabilities such as crew injuries, cargo damage claims, oil pollution liability, and wreck removal costs — risks not covered by hull insurance.
Question 7: Under the Oil Pollution Act of 1990 (OPA 90), who bears strict liability for oil spills from vessels in US waters?
- Only the cargo owner
- The responsible party, including the vessel owner and operator, up to statutory limits (Correct answer)
- The US government through a federal fund
- Only the vessel's insurer
Correct answer: The responsible party, including the vessel owner and operator, up to statutory limits
OPA 90 imposes strict liability on the responsible party (owner, operator, or demise charterer) for removal costs and damages from oil spills, subject to statutory liability caps.
Maritime Law Shipping and Maritime Law 4
Under the Jones Act (46 U.S.C. § 30104), a seaman may sue the employer for negligence and: