Jones Act Cases from Accident Lawyer Hawaii

Jones Act Cases - Jones Act - Table of Contents

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Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

Table of Contents



- A. General Principles

- B. Relationship to Other Available Remedies

- 1. Traditional Maritime Remedies

- 2. Remedies Provided by Federal Statute

- 3. Remedies Provided by State or Territorial Law

- C. Applicability to Foreign Ships, Seamen, and Occurrences

- 1. In General

- 2. Place of Injury

- 3. Nationality or Ownership of Vessel

- a. In General

- b. Foreign Ownership

- c. Foreign Flag Vessels Owned or Operated by American Interests

- 4. Nationality of Seaman

- 5. Other Factors


- A. Seamen

- 1. General Principles

- a. In General

- b. Tests for Determining Status as Seaman

- 2. Employed on "Vessel in Navigation"

- a. In General

- b. Status of Vessel

- c. Particular Vessels

- 3. Particular Persons as Seamen

- B. Representatives or Beneficiaries of Seamen


- A. In General

- B. Particular Persons or Entities as Employers

- C. Injury as Sustained in Course of Employment


- A. In General

- B. Vicarious Liability

- 1. In General

- 2. Particular Acts of Crew

- C. Circumstances of Injury

- 1. Assault

- a. In General

- b. Assaults Among Crew and Officers

- 2. Improper Management and Supervision

- a. In General

- b. Particular Acts Supervised

- 3. Medical Care

- 4. Physical Properties of Vessel and Dock

- 5. Other Circumstances


- A. Seaman's Acts or Omissions

- 1. Contributory and Comparative Negligence

- 2. Assumption of Risk

- 3. Contributory Negligence and Assumption of Risk Under Particular Circumstances

- B. Release

- C. Limitations of Actions

- 1. Statutory Limitations

- 2. Laches

- D. Collateral Estoppel and Res Judicata

- E. Limitation of Liability

- F. Other Defenses


- A. In General

- B. Damages for Personal Injury

- 1. Elements of Damages

- 2. Deductions From Award

- C. Damages for Wrongful Death

- 1. Elements of Damages

- 2. Computation of Award


- A. State Court Actions

- B. Jurisdiction

- 1. In General

- 2. Bases of Jurisdiction

- C. Venue

- 1. In General

- 2. Bases of Venue

- 3. Forum Non Conveniens

- D. Election of Alternative Remedies

- 1. In General

- 2. Electing Particular Remedies

- E. Institution of Action

- F. Pleadings and Motions

- 1. Complaint

- 2. Answer

- 3. Motions

- G. Removal and Remand

- H. Discovery

- I. Jury

- 1. Right To Jury Trial

- 2. Submission of Issues

- J. Evidence

- 1. In General

- 2. Plaintiff's Burden of Proof

- 3. Defendant's Burdeon of Proof

- 4. Admissibility of Evidence

- K. Appeal and Review

- L. Settlement


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