The Jones Act...
The Jones Act
The Jones Act provides legal rights to U.S. merchant mariners. It was named for Senator Wesley Jones, who served during the administration of President Woodrow Wilson. It is also known as the Merchant Marine Act of 1920. The Jones Act is known for the rights it gives commercial mariners in an injury. But the law also addresses the construction and manning of U.S.-flag vessels, in addition to the legal remedies it provides to injured seamen. Essentially, the Jones Act took the remedies available to railroad workers under the Federal Employers’ Liability Act (FELA) and extended them to commercial mariners.
The Jones Act deals with shipping in the following manner. It requires that commerce between U.S. ports on the inland and intracoastal waterways be reserved for vessels that are:
▪ U.S. Built▪ U.S. Owned▪ Registered under U.S. Law▪ U.S. Manned
The lawmakers who created the Jones Act recognized that a strong merchant marine was good for the economy and national security. The legislative intent was that U.S. shipyards would enjoy construction contracts, the treasury would enjoy tax revenues, U.S. merchant mariners would enjoy employment, and U.S. ships would operate under high standards of safety and crew competency.
Since it was enacted by an act of Congress, the Jones Act gives rise to a Federal cause of action. This shows that lawmakers intended for the application of a uniform standard of liability throughout United States Federal District Courts. As a sidenote, maritime litigation involving Jones Act cases is handled in federal court. However, actions may be brought in federal or state court.
When the term "Jones Act case" comes up in a discussion, it's this part of the Jones Act that applies, which cover the legal remedies of an injured seaman, fishermen (legally, a fishermen is a Jones Act seaman). The exclusive class of persons to whom the Jones Act allows recovery is "seamen." The term "seaman" is generally understood to mean part of the crew of a vessel, woman or man. What is the legal signifance of being a "crewmember?" This involves a Two-Part Test for Jones Act Seaman Status applied by courts.
Through the Jones Act, an injured seaman can bring a claim for negligence against the employer. Basically, negligence means carelessness…or departure from a standard of care on the part of the vessel that led to a seaman’s injury. Damages that an injured seaman is entitled to include:
▪ Lost wages▪ Medical expenses▪ Pain, suffering, and mental anguish
The Jones Act deals with shipping in the following manner. It requires that commerce between U.S. ports on the inland and intracoastal waterways be reserved for vessels that are:
▪ U.S. Built▪ U.S. Owned▪ Registered under U.S. Law▪ U.S. Manned
The lawmakers who created the Jones Act recognized that a strong merchant marine was good for the economy and national security. The legislative intent was that U.S. shipyards would enjoy construction contracts, the treasury would enjoy tax revenues, U.S. merchant mariners would enjoy employment, and U.S. ships would operate under high standards of safety and crew competency.
Since it was enacted by an act of Congress, the Jones Act gives rise to a Federal cause of action. This shows that lawmakers intended for the application of a uniform standard of liability throughout United States Federal District Courts. As a sidenote, maritime litigation involving Jones Act cases is handled in federal court. However, actions may be brought in federal or state court.
When the term "Jones Act case" comes up in a discussion, it's this part of the Jones Act that applies, which cover the legal remedies of an injured seaman, fishermen (legally, a fishermen is a Jones Act seaman). The exclusive class of persons to whom the Jones Act allows recovery is "seamen." The term "seaman" is generally understood to mean part of the crew of a vessel, woman or man. What is the legal signifance of being a "crewmember?" This involves a Two-Part Test for Jones Act Seaman Status applied by courts.
Through the Jones Act, an injured seaman can bring a claim for negligence against the employer. Basically, negligence means carelessness…or departure from a standard of care on the part of the vessel that led to a seaman’s injury. Damages that an injured seaman is entitled to include:
▪ Lost wages▪ Medical expenses▪ Pain, suffering, and mental anguish
Where will you file your case? Although maritime law is traditionally associated with the federal court system, largely due to the wording of Article III, Section 2 of the Constitution, the plaintiff may still choose whether they want to go with federal courts or state courts for their case. If using the state court system, plaintiff should check applicable civil procedure codes & procedure laws for jurisdiction and venue. With the federal court system, the system is broken down into the following districts, with the rules for venue outlined in the Federal Code of Civil Procedure:
1st District - Maine, Massachusetts, New Hampshire, Rhode Island and Puerto Rico; 2nd District - Connecticut, New York, Vermont; 3rd District - Delaware, New Jersey, Pennsylvania, Virgin Islands; 4th District - Maryland, North Carolina, South Carolina, Virginia, West Virginia; 5th District - Louisiana, Mississippi, Texas; 6th District - Kentucky, Michigan, Ohio, Tennessee; 7th District - Illinois, Indiana, Wisconsin; 8th District - Arkansas, Iowa, Minnesota, Nebraska, North Dakota, South Dakota; 9th District - Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, Washington; 10th District - Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming; 11th District - Alabama, Florida, Georgia; District of Columbia