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Posts Tagged ‘Jones Act Lawyer’

Maritime lawyer, Steve Gordon

Maritime injuries and accidents can occur in a myriad of situations. Depending upon the location of injury and the nature of the situation, e.g., whether it was a commercial accident or a non-commercial situation, governs whether you need a maritime lawyer or just a regular personal injury lawyer.  Clearly, injuries on a jet ski, or a party pontoon boat can be very injurious, but they do not require a maritime lawyer. A maritime injury lawyer is a specialized lawyer versed in the legal principals of General Maritime Law and the Jones Act.

General Maritime Law is a body of law developed by the federal courts through jurisprudence. The federal courts have an Admiralty “side” bestowed upon them from the United States Constitution. This Admiralty side is a court of equity as well as court of law.
The Jones Act was enacted by Congress in and around 1916. It actually is a culmination of a series of three laws passes between 1916 and 1920. The Jones act was named after its principle proponent, Senator Wesley Jones (1863-1932) from the state of Washington, urged passage of a law that would support the growing merchant marine industry of the United States. In light of this, The Jones Act became law at 46 U.S.C. §688 et seq. (re-codified in 2006 at 46 U.S.C. §30104 et seq.). The Jones Act covers maritime employees that sustain an injury while in the course and scope of employment.
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On Thursday, June 25^th, the United States Supreme Court decided a case styled Atlantic Sounding Co., Inc. et al. v Edgar L. Townsend 2009 WL 1789469 (U.S. June 25, 2009).  This case marked the Supreme Court’s decision to protect a seaman’s right to receive damages for an employers’ willful and wanton disregard of a maintenance and cure obligation.

Petitioners allegedly refused to pay maintenance and cure to respondent Townsend for injuries he suffered while working on its tugboat. Townsend filed suit under the Jones Act and general maritime law, alleging arbitrary and willful failure to provide maintenance and cure. He filed similar counterclaims in the declaratory judgment action, seeking punitive damages for the maintenance and cure claim… ... Read Full Story