The Jones Act (46 U.S.C. § 30104) is the primary law used by seamen to recover compensatory damages from their employers for injuries sustained in accidents occurring on navigable waters. To recover under the Jones Act, an injured seaman must prove that employer negligence caused the accident. This means that the Jones Act is not…
Continue reading ›Articles Posted in Maritime Law
Seamen injured on board vessels may be entitled to a wide array of economic and non-economic compensation from their employers and ship owners depending on the circumstances of each case. NO-FAULT BENEFITS Regardless of why a particular accident happens, every injured seaman is entitled to Maintenance & Cure benefits from his employer. These benefits are…
Continue reading ›Passengers and seamen seeking to be compensated by vessel owners for personal injuries must show that the accident was caused by a condition onboard which makes the vessel unseaworthy. (Employees may also seek compensation against their employers under the Jones Act.) Unseaworthiness is a modified negligence-based system, rather than one of strict liability, meaning that…
Continue reading ›Millions of passengers travel annually on cruise ships sailing from Florida ports. Thankfully, most of the voyages are uneventful in terms of negative events. However, some passengers do suffer serious personal injuries and even death through the fault of the cruise ship companies. General Maritime Law governs cases involving cruise ship passengers, Everett v. Carnival…
Continue reading ›Hurray for the Miami Heat. Boo (and shame on) Micky Arinson, the billionaire owner of the Heat. Micky Arison also owns Carnival Corporation, the world’s largest cruise operator. While the company operates many of its ships from American ports, enjoying the laws and protections only America can afford, it hides behind a labyrinth of one-sided…
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