Qualifications for Coverage
To be a “seaman” and qualify for coverage under the Jones Act, the individual must meet the following criteria:
- The vessel that you were injured on must be “in navigation” at sea or in a body of water that is connected to interstate or international commerce
- You must spend a substantial part of your work time on board the vessel
Who are covered by the Jones Act?
- Fishermen
- Tug boat workers
- Barge workers
- Cruise ship workers
- Ferry boat workers
- Construction workers who work on vessels or barges
- Oil platform workers
- Commercial divers
Primary Basis of Maritime Personal Injury
Maritime personal injury cases revolve around issues of negligence, in particular boat owners and boat workers who have been negligent in their activities.
Boat Owner Duties to Its Passengers
The vessel as a common carrier of passengers owes a duty of safe transportation. That duty, generally speaking, is to safely embark the passenger, carry him to his port of destination and to make sure that he has safely disembarked. During the passage, these duties include the protection of passengers from harm, either at the hands of the ship's crew or from fellow-passengers, and from any injury attributable to negligence of the vessel.
Small Boat Owners liability for Personal Injuries
Small boat owners can be liable for personal injuries if they fail to exercise reasonable care. Some examples of failing to use reasonable care would be if they are unfamiliar with waters they are navigating in and fail to familiarize themselves with those waters, and operating vessels at unsafe rates of speed.
Do I Need an Attorney Specializing in Admiralty and Maritime Law?
Because of the complex nature of maritime law, it would be wise to consult with an attorney specializing in both admiralty law as well as international law. Speaking with the right admiralty and maritime lawyer will enable you to understand your rights and to preserve any possible remedies.
Call our office today at 212-994-7777 or complete the convenient online contact form to set up a consultation.