Jones act means a negligence remedy. negligence. It’s Besides the jones act claim, the seaman usually has an unseaworthiness claim. The Jones Act modified common law by creating a cause of action for injury or death caused by negligence of the ship owner, the master or crew members. The Jones Act was designed to change the negligence issues. The seaman can recover if he can show that negligence had part in causing “any” the injury or deat. could even be a 1%, but there still has to be negligent. “any part” The Jones act also provides a jury trial. The jury will decide the Jones act Jury: claim and the general maritime law claims. Other actions on their own (non-Jones act) a jury, so if they wouldn’t require are failed with Jones Act claims they get a jury. the contributory negligence was abolished, but in Comparative negligence test: comparative negligence basis the damages could be reduced by the percentage of the negligent. seaman’s 3 years from the day the injury or death occurs. Statute of Limitations: The district court and federal courts have concurrent jurisdiction and Jurisdiction: the plaintiff can choose the forum. If the plaintiff selects the forum no right there’s for removal. this is important because this is the right to mantencnace, Vessel not liable in rem: cure, damages etc, the jones act work in this way. ???? can’t ???? Another Jones act: v Johnson Upheld the constitutionality of the Jones Act. MISSING OUTLINE Separation of powers. The Act is Constitutional. Note on Employers Negligence v Moore-McCormack Lines Ice cream case reasonable forseable. What’s Duty of care. Whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest in producing the injury or death. Gautreaux v Scurlock A seaman is obligated under the Jones act to act with ordinary prudence under the circumstances. The circumstances not only include his reliance on this employer to provide safe work environment but also his own experience, training or education. There reasonable person standard becomes the reasonable seaman. Kernan v American If employer violates statutory duty can cause Jones Act claim even if no negligence. there’s Unseaworthiness
Jones act means negligence. It’s a negligence remedy. Besides the jones act claim, the seaman usually has an unseaworthiness claim. The Jones Act modified common law by creating a cause of action for injury or death caused by negligence of the ship owner, the master or crew members. The Jones Act was designed to change the negligence issues. The seaman can recover if he can show that negligence had “any” part in causing the injury or deat. “any part” could even be a 1%, but there still has to be negligent. Jury: The Jones act also provides a jury trial. The jury will decide the Jones act claim and the general maritime law claims. Other actions on their own (non-Jones act) wouldn’t require a jury, so if they are failed with Jones Act claims they get a jury. Comparative negligence test: the contributory negligence was abolished, but in comparative negligence basis the damages could be reduced by the percentage of the seaman’s negligent. Statute of Limitations: 3 years from the day the injury or death occurs. Jurisdiction: The district court and federal courts have concurrent jurisdiction and the plaintiff can choose the forum. If the plaintiff selects the forum there’s no right for removal. Vessel not liable in rem: this is important because this is the right to mantencnace, cure, damages etc, the jones act can’t work in this way. ???? Another Jones act: ???? v Johnson Upheld the constitutionality of the Jones Act. MISSING OUTLINE Separation of powers. The Act is Constitutional. Note on Employers Negligence v Moore-McCormack Lines Ice cream case What’s reasonable forseable. Duty of care. Whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest in producing the injury or death. Gautreaux v Scurlock A seaman is obligated under the Jones act to act with ordinary prudence under the circumstances. The circumstances not only include his reliance on this employer to provide safe work environment but also his own experience, training or education. There reasonable person standard becomes the reasonable seaman. Kernan v American If employer violates statutory duty can cause Jones Act claim even if there’s no negligence. Unseaworthiness
Admiralty.docx