Ship Lawyer Jones Act Claims 1 — Questions and Answers
Question 1: What is the legal standard of negligence required to establish liability under the Jones Act for a seaman's injury?
- Featherweight causation standard (Correct answer)
- Preponderance of the evidence
- Clear and convincing evidence
- Beyond reasonable doubt
Correct answer: Featherweight causation standard
Under the Jones Act, the causation standard is extremely low — often called 'featherweight' — requiring only that employer negligence played any part, even the slightest, in causing the injury.
Question 2: To qualify as a 'seaman' under the Jones Act, what percentage of work time must a worker spend aboard a vessel in navigation?
- 30% (Correct answer)
- 50%
- 75%
- 20%
Correct answer: 30%
Courts generally require that a worker spend at least 30% of their work time aboard a vessel in navigation to qualify as a seaman entitled to Jones Act protections.
Question 3: Under the Jones Act, which employer action can give rise to a claim for punitive damages beyond compensatory damages?
- Willful failure to pay maintenance and cure (Correct answer)
- Simple negligence causing injury
- Failure to provide life preservers
- Delayed medical treatment
Correct answer: Willful failure to pay maintenance and cure
The Supreme Court in Atlantic Sounding Co. v. Townsend (2009) confirmed that punitive damages are available for willful and wanton failure to pay maintenance and cure.
Question 4: What is the statute of limitations for filing a Jones Act personal injury claim?
- 3 years (Correct answer)
- 1 year
- 2 years
- 6 years
Correct answer: 3 years
Jones Act claims must be filed within 3 years of the date the seaman knew or should have known of the injury and its connection to their employment.
Question 5: Which Supreme Court case established the two-part test for determining seaman status under the Jones Act?
- Chandris, Inc. v. Latsis (Correct answer)
- McDermott International v. Wilander
- Papai v. Harbor Tug
- Harbor Tug and Barge v. Papai
Correct answer: Chandris, Inc. v. Latsis
Chandris, Inc. v. Latsis (1995) established that a seaman must contribute to the function of a vessel and spend 30% or more of their time in the service of a vessel.
Question 6: Under the Jones Act, can a seaman waive their right to jury trial in a Jones Act negligence case?
- Yes, but only if the waiver is knowing and voluntary (Correct answer)
- No, it is an absolute right that cannot be waived
- Yes, always when the employer requires it
- No, admiralty cases never have jury trials
Correct answer: Yes, but only if the waiver is knowing and voluntary
A seaman can waive the right to a jury trial under the Jones Act if the waiver is made knowingly and voluntarily, though courts scrutinize such waivers carefully.
Ship Lawyer Jones Act Claims 1
What is the legal standard of negligence required to establish liability under the Jones Act for a seaman's injury?