Ship Lawyer Jones Act Claims 1

Question 1

What is the legal standard of negligence required to establish liability under the Jones Act for a seaman's injury?

Accepted Answer

Featherweight causation standard

Answer

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?

Accepted Answer

30%

Answer

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?

Accepted Answer

Willful failure to pay maintenance and cure

Answer

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?

Accepted Answer

3 years

Answer

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?

Accepted Answer

Chandris, Inc. v. Latsis

Answer

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.

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Ship Lawyer Practice Test

Ship Lawyer Jones Act Claims 1