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The Jones Act

By definition, The Jones Act is a federal statute enacted in 1920, allowing an injured seaman to sue his employer or co-employees for negligence.

History

LCA states that the Jones Act was passed to promote a healthy U.S.-Flag fleet and protect that fleet from unfair foreign competition. The JARC thinks the law was enacted to "protect a Seattle-to-Alaska rail monopoly from competition from Japanese and Canadian ships."

What Does The Jones Act Cover? Cases that involve:

? Drilling rigs
? Production platforms
? Crewboat and supply vessels
? Aircraft servicing oil and gas productions
? Tugs and towing vessels
? Injuries to crew members
? Cruise line crew members and passengers
? Private pleasure boats
? Unseaworthiness claims
? Collisions
? Fishing vessels

Consequences

? Vessels could lose all domestic trading privileges limiting their commercial viability.
? Penalties under federal law include substantial civil penalties, forfeiture of vessels and even criminal penalties in certain circumstances.

The Jones Act permits injured seamen to seek compensation for injuries resulting from the negligence of their employers or co-workers during the course of their employment on a vessel. As any seaman knows, a ship can be a very dangerous place to work. The Jones Act reflects that reality of maritime work, and a seaman's employer may be liable for even a small breach of duty which contributes to a seaman's injury. This is true, even where a seaman performs dangerous work while aware of the high risks involved in the work.

In addition to compensation for injuries caused by negligence, an injured seaman may also make a claim against the vessel's owner on the basis that the vessel was not seaworthy. An employer may also be liable for failing to provide a seaman with adequate medical care.

Jones Act litigation seeks to recover damages for both past and future economic and non-economic losses.

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The Jones Act

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