17.02 EXPLANATORY: Jones Act--Causation is a legal term used in maritime law that applies when a seaman is injured on the job. It requires employers to provide a safe working environment and equipment, and if the seaman is injured or killed due to the employer's negligence, then the employer is liable for compensating the seaman or his/her dependents. There are two types of causation that can be used to prove liability under the Jones Act—actual causation and proximate causation. Actual causation requires demonstrating that the employer's negligence was the cause of the injury, whereas proximate causation requires demonstrating that the employer's negligence was the proximate cause of the injury.
17.02 EXPLANATORY: JONES ACT--CAUSATION
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FAQ
Under the Jones Act, foreign carriers and crews are banned from domestic water routes. Cabotage from one U.S. port to another is restricted to U.S.-built, -crewed and -flagged vessels. The requirement was a protectionist economic strategy designed to assist America's shipyards and maritime fleet.
Regarding U.S. territories, the U.S. Virgin Islands, America Samoa, and the Northern Mariana Islands are exempt from the Jones Act. Therefore, foreign-flag ships can transport cargo between these islands and other U.S. points.
Under the Jones Act, foreign carriers and crews are banned from domestic water routes. Cabotage from one U.S. port to another is restricted to U.S.-built, -crewed and -flagged vessels. The requirement was a protectionist economic strategy designed to assist America's shipyards and maritime fleet.
Unlike other types of personal injury claims, however, Jones Act claims have what is considered to be a "featherweight" burden of proof. This means that a judge or jury only has to be convinced that the employer's action or lack of action played a role?no matter how small?in causing the plaintiff's injury.
The Jones Act requires that any cargo traveling by sea between two U.S. ports must sail on an American-owned ship, built in the United States and with a majority crew of U.S. citizens. The Jones Act was passed in the wake of the first World War to boost the shipping industry.
The Jones Act was introduced by Wesley Jones, the U.S. Senator from the state of Washington, who designed the legislation to give his state a monopoly on shipping to Alaska. It was enacted by the United States Congress to stimulate the shipping industry in the wake of World War I.
Damages available under the Jones Act and the unseaworthiness doctrine are nearly identical and include compensation for past and future lost wages, lost wage earning capacity, mental pain and suffering, disability, disfigurement, loss of enjoyment of life, medical expenses, and more.
Unlike other types of personal injury claims, however, Jones Act claims have what is considered to be a "featherweight" burden of proof. This means that a judge or jury only has to be convinced that the employer's action or lack of action played a role?no matter how small?in causing the plaintiff's injury.