Personal Injury Newsletters
The Jones Act -- Unseaworthiness Claims
The owner of a vessel has an absolute duty to provide a seaworthy vessel for his crew. Therefore, an injured seaman may sue the owner of the vessel on which the seaman was working if the vessel was unseaworthy at the time of the accident. A vessel is unseaworthy if it, its equipment, or its crew are not reasonably fit for their intended purpose.
Scope of Longshore and Harbor Workers' Compensation Act
The Longshore and Harbor Workers' Compensation Act applies to any employer who employs workers for maritime work or in a maritime occupation, either full-time or part-time, on the navigable waters of the United States or in adjoining waterfront areas.
Federal Volunteer Protection Act -- Preemption of State Law
The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA.
Wrongful Death and Survival Statutes
Every state has some type of wrongful death statute that allows for a decedent's beneficiaries to recover damages after a defendant willfully or negligently causes the decedent's death.
Liability of an Air Carrier for Providing Medical Assistance to a Passenger
Federal law does not require air carriers to provide medical assistance to passengers.
