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MARITIME LAW / JONES ACT
Maritime or Admiralty Law governs navigation and shipping on almost any body of water. United States Courts must apply a uniform body of maritime laws nationally and internationally. Maritime law usually looks at the definition of vessel, seamen and seaworthiness in ascertaining which type of claim may be made and under what set of maritime laws.
These laws govern longshoremen, dock workers, river workers, pleasure craft operators, cruise ship crew and cruise ship passengers. Maritime Laws also govern shipping and cargo lines, fishing and seafood boats, towing and tugboat services, and more.
The Jones Act
The Jones Act 46 U.S.C. 688 (1970) originally enacted in 1920, governs the liability of vessel operators and marine employers for work-related injury or death. Unlike workers' compensation laws, the seaman can sue his employer for negligence of the employer or fellow co-worker or for a dangerous working condition.
A seaman or other maritime worker can be defined as any person on board who operates or maintains the vessel, or those who aid in the function of the vessel such as staff, bartenders, musicians or even casino workers on a cruise ship. Vessel can include any type of watercraft from commercial fishing boats to pleasure cruise boats.
An injured worker can recover lost wages from the time of injury to the time of trial, future expected wage losses, past medical expenses not paid by the employer, future medical expenses and compensation for pain, suffering, and mental anguish in the past and in the future.
General Maritime Law
An injured seaman is entitled under the General Maritime Law to certain remedies, including maintenance, cure, unearned wages to the end of the voyage or employment contract, and repatriation. General maritime law also provides a remedy based on unseaworthiness, a type of strict liability.
MAINTENANCE is designed to provide the injured seaman with compensation to pay for care, including lodging expenses. CURE means that the employer is obligated to pay the injured seaman's reasonable medical expenses. The obligation of the employer to pay maintenance and cure terminates when Maximum Medical Improvement (MMI) has been reached or has been determined that the illness may be permanent. MMI is classified when the employee's state has improved as much as possible. Unlike workers' compensation, a martime employee may select his own physicians and method of treatment.
An injured martime employee is entitled to unearned wages from the time of incapacity to the end of the voyage or the termination of the shipping articles. Tips, if customary, are also included in lost wages, particularly for employees on cruise ships.
UNSEAWORTHINESS is a feature of General Maritime Law. The warranty of seaworthiness on a vessel owner or operator is akin to a strict liability duty to seamen to provide a vessel that is reasonably fit for its intended purposes or voyage. Lack had no notice or opportunity to correct the condition that caused the injury is no excuse.
Cruise Ship Passenger Injury or Death Guidelines
Although most ocean-going cruise ships calling at American ports are under foreign ownership, the U.S. law typically applies when the contract is entered in the United States, the voyage commences in the United States, and a citizen of the United States is involved in the case.
Cruise ship tickets may also identify where the case is governed. The ticket may impose requirements that an injury claim or lawsuit must be made in or governed by a specific state. Further, there may be a reporting time limit or choice of laws requirement. Some tickets may disclaim liability for the negligence of employees or operators of shore side (port-of-call) excursions.
If a passenger is injured, the passenger must show that cruise line deviated from its standard of care, "reasonable care under the circumstances" in order to receive compensation. The cruise lines have no duty to warn of open and obvious dangers that should be apparent to the passenger. However, if a passenger and the cruise ship are both negligent, the passenger's negligent action may reduce the amount of recovery, but does not prevent it.
A passenger is entitled recover medical expenses, lost wages, pain and suffering, and other damages.
If a cruise line passenger dies and the death occurs within the territorial waters of a state, that state's wrongful death law would apply. However, if the death occurs more than three miles from the shore, the Death On The High Seas Act (DOHSA) applies.
Cruise Ship Crew Injury Guidelines
If a crew member is injured then he is protected under either the Jones Act or the General Maritime Act. If death ensues, then he is protected under the DOHSA.
Death on the High Seas Act (DOHSA)
When a maritime employee dies as a result of an employer's negligence or because of an unseaworthy vessel, the worker's family may file for benefits under the Death on the High Seas Act (DOHSA). The incident must occur on the high seas beyond a marine league (three miles) from the shore of any state, the District of Columbia, or U.S. territory or dependency. The only recovery that can be made by the survivors of the deceased is the amount of money that the deceased would have contributed to their support or pecuniary damages. There is no compensation for pain and suffering, or for emotional grief under DOHSA. DOHSA does not apply to offshore drilling rigs. These are governed by the Outer Continental Shelf Act and supplemented by the law of the adjacent state.
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