Ship Lawyer Ship Accident Lawyer Duties 2 — Questions and Answers
Question 1: Under the Jones Act, what must a ship accident lawyer prove to establish employer liability for an injured seaman?
- The employer's negligence played any part, even slight, in causing the injury (Correct answer)
- The employer intended to cause harm
- The seaman was completely free of fault
- The vessel sank as a result
Correct answer: The employer's negligence played any part, even slight, in causing the injury
The Jones Act uses a featherweight causation standard where any employer negligence contributing to injury suffices.
Question 2: What is a ship accident lawyer's primary duty when first retained by an injured maritime worker?
- Immediately file in federal court
- Investigate the incident and preserve evidence before it disappears (Correct answer)
- Contact the media
- Demand a settlement the same day
Correct answer: Investigate the incident and preserve evidence before it disappears
Prompt investigation and evidence preservation protect the client's claim from spoliation and fading memories.
Question 3: A ship accident lawyer advising a client on 'maintenance and cure' must explain that this remedy is owed regardless of:
- Whether the seaman is a U.S. citizen
- Fault for the injury (Correct answer)
- The size of the vessel
- Union membership
Correct answer: Fault for the injury
Maintenance and cure is a no-fault remedy owed to seamen who fall ill or are injured in the service of the ship.
Question 4: When does a ship accident lawyer have an ethical duty to advise a client about the statute of limitations?
- Only if the client asks
- At the outset of representation, because maritime deadlines can be short (Correct answer)
- After the case settles
- Never, since courts excuse late filings
Correct answer: At the outset of representation, because maritime deadlines can be short
Counsel must promptly inform clients of limitations periods, as maritime claims like the Jones Act generally run three years.
Question 5: A lawyer handling a cruise passenger injury must check the ticket contract primarily for:
- The ship's name
- A forum-selection clause and shortened notice/filing deadlines (Correct answer)
- The captain's signature
- Meal preferences
Correct answer: A forum-selection clause and shortened notice/filing deadlines
Cruise tickets often impose a specific forum and shortened deadlines, such as one year to sue and six months' notice.
Question 6: What duty does a ship accident lawyer owe regarding a client's recorded statement to the vessel owner's insurer?
- Encourage the client to give it immediately and alone
- Advise the client to consult counsel before giving any recorded statement (Correct answer)
- Record it for social media
- Refuse to discuss it
Correct answer: Advise the client to consult counsel before giving any recorded statement
Counsel should protect clients from premature recorded statements that insurers may use to minimize the claim.
Question 7: In a maritime wrongful death case on the high seas, a lawyer would most likely bring claims under:
- State probate law only
- The Death on the High Seas Act (DOHSA) (Correct answer)
- The Uniform Commercial Code
- Bankruptcy law
Correct answer: The Death on the High Seas Act (DOHSA)
DOHSA governs wrongful death occurring beyond U.S. territorial waters.
Ship Lawyer Ship Accident Lawyer Duties 2
Under the Jones Act, what must a ship accident lawyer prove to establish employer liability for an injured seaman?