Tag: Perils of the Sea

• Maritime Casualty

  Fifth Circuit: Bystander Damages Not Available to Jones Act Seamen

  • March 27, 2014
  • By Allen & Gooch
  

  Jones Act Coverage Depends on the Danger Zone Jones Act seamen are only entitled to damages for emotional distress if they can pass the “zone of danger” test.  This test inquires whether a seaman was “physically impacted or within the zone of potential impact.”  See Naquin v. Elevating Boats, L.L.C., No. 12-31258 (5th Cir. March […]

• Maritime Casualty

  Seaman Status: Do Your Employees Qualify?

  • December 7, 2013
  • By Allen & Gooch
  

  Special Privileges Afforded to Seamen under Maritime Law A seaman enjoys special rights under the law that are not afforded to other employees, such as the right to receive maintenance and cure if injured while in service of a vessel and the right to sue their employer in tort under the Jones Act.  However, many […]